SIR order was legislative, approach liberal, EC tells Supreme Court

The Election Commission successful the Supreme Court connected Tuesday (January 20, 2026) said the bid declaring Special Intensive Revision (SIR) was “legislative” successful quality and the mammoth workout which followed to “purify” electoral rolls was marked by a “liberal approach”.

The canvass body’s submission earlier a Bench headed by Chief Justice of India Surya Kant is contempt reports that 6.5 crore names of electors person been excluded from draught electoral rolls successful 9 States and 3 Union Territories during the 2nd signifier of the SIR exercise.

But the canvass panel, represented by elder advocator Rakesh Dwivedi, said its authorization to behaviour and power elections were drawn from the immense reservoir of powerfulness recovered successful Article 324 of the Constitution.

Mr. Dwivedi said the powers of the committee were not conscionable administrative successful nature, but besides adjudicatory and legislative. He referred to the powers nether the Election Symbols Order to beryllium and determine which faction was the existent 1 erstwhile a governmental enactment divided arsenic an illustration of its adjudicatory function.

“The SIR bid was legislative successful character. It laid down the implicit acceptable of principles and documents required and however it would beryllium done,” Mr. Dwivedi submitted.

Countering attacks from petitioners that the SIR did not person immoderate statutory backing and the canvass sheet invented the process retired of “thin air”, Mr. Dwivedi said Article 324 provided the committee with the state to “deviate” arsenic an enabling diagnostic to hole the electoral roll, considering the myriad situations that whitethorn hap successful time. Besides, helium said, the Parliament and the canvass sheet enjoyed a symbiotic relationship. Both institutions existed to guarantee that ideology functioned smoothly, that elections took spot and the Parliament was attended by elected representatives.

Mr. Dwivedi said the powers of the canvass sheet have, implicit the years, been preserved and not “shut out”. The elder advocate, explaining the wide attack adopted successful the SIR 2025, said the presumption was ever successful favour of citizenship.

“It is not that we did not connect presumption… Had we not attached presumption, we would person asked everyone from 2003 to nutrient evidence,” helium submitted.

Mr. Dwivedi said the radical were excluded from the last database successful Bihar owed deaths, duplication and migration. He said pre-filled enumeration forms were issued to each persons successful electoral rolls up to June 2025. Probative worth was attached to names already included successful the electoral rotation prepared aft the 2002 SIR.

“These radical who could supply nexus with the 2002 database were not required to supply immoderate documents,” Mr. Dwivedi said.

Others who could not amusement nexus had to lone amusement immoderate 1 of the 11-plus (including Aadhaar) indicative documents.

“House-to-house survey with prefilled signifier was done. They (voters) simply needed to motion the forms. BLOs were charged with the work of uploading them. Booth Level Agents of governmental parties were submitting 50 forms successful a day,” said Mr. Dwivedi, detailing the wide cognition taken successful the 2025 SIR.

The submissions were made a time aft the Supreme Court urged the canvass assemblage not to origin “stress and strain” to the radical of West Bengal done the SIR process.