New Delhi: The Election Commission of India (ECI) has informed the Supreme Court that it cannot be compelled to undertake special intensive revisions of electoral rolls at fixed intervals, asserting that such decisions fall solely within its constitutional and statutory mandate.
In an affidavit filed late on Friday, the Commission emphasised that Article 324 of the Constitution, read with the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960, grants it exclusive authority over the preparation and revision of electoral rolls.
“The ECI has complete discretion over the policy of revision to the exclusion of any other authority,” the affidavit stated, cautioning that any judicial directive mandating fixed-interval revisions would amount to encroachment on its plenary powers.
PIL Seeks Mandatory Special Revisions
The affidavit was filed in response to a public interest litigation by advocate Ashwini Kumar Upadhyay, who has urged the court to order special revisions nationwide—particularly before parliamentary, assembly, and local body elections—to ensure that only Indian citizens participate in the democratic process. His plea alleged large-scale infiltration, fraudulent entries, and demographic distortions, especially in border states.
Citing the 1997 voter verification drive in Assam, which identified “D-voters” and referred them to Foreigners Tribunals, Upadhyay argued that similar measures are urgently needed in states like Bihar, West Bengal, and Jharkhand. He further claimed that Bihar alone may have 8,000–10,000 illegal or duplicate entries per constituency.
“Demography is destiny, and dozens of districts have already seen their destiny being shaped by those who aren’t Indians,” the petition stated.
Bihar Revision Sparks Political Row
The Commission’s stand comes amid an ongoing special revision of electoral rolls in Bihar, announced in June ahead of assembly elections later this year. The opposition INDIA bloc has accused the exercise of being politically motivated, while the ECI has countered that parties should focus on assisting genuine voters rather than staging protests.
The matter was last heard on September 8 by a bench led by Justice Surya Kant, which directed that Aadhaar be recognised as the twelfth valid identity document for voter registration in Bihar. The bench noted that while Aadhaar cannot prove citizenship, it remains a valid indicator of identity and residence.
ECI Reaffirms Discretion
Reiterating its position, the Commission referred to Section 21 of the Representation of the People Act, 1950, which empowers it to carry out summary or intensive revisions but does not prescribe timelines. “The obligation to conduct a revision is not couched within a fixed interval,” the affidavit clarified.
The ECI also pointed out that it had already scheduled a nationwide special intensive revision, with January 1, 2026, as the qualifying date, and had directed all chief electoral officers to begin pre-revision activities. A review conference with state CEOs was held in New Delhi on September 10.
Concluding its response, the Commission stressed that it remains fully committed to maintaining the purity and integrity of electoral rolls, but the frequency and manner of revisions must remain its prerogative.
“In view of the aforesaid, the captioned petition deserves to be dismissed,” the affidavit stated.
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