The Court in ADR vs. ECI Case (2025) held that the Election Commission has the power to conduct SIR under Article 324 of the Constitution, read with Representation of the People Act, 1950, and its Rules.
Key Highlights of Supreme Court’s Judgement
- SIR satisfies the threerequirements of proportionality –
- Fulfils Legitimate Purpose – Maintaining credible electoral process through accuracy of electoral roll.
- Means pursued are not excessive – Structured house-to-house enumeration, verification and scrutiny by designated officers and availability of remedies.
- Least Restrictive Option – Statewide SIR was proportionate to scale of the problem.
- Election Commission is empowered to examine questions bearing upon citizenship but consequence of such citizenship determination is limited.
- It affects the individual's entitlement to be included in the electoral rolls and thereby the right to participate in the electoral process.
- It does not, however, operate to divest the individual of claims to citizenship, nor does it foreclose decision on citizenship by the competent authority under the Citizenship Act.
About SIR
- SIR refers to a large-scale, intensive revision of electoral rolls by the Election Commission of India under its constitutional and statutory powers.
- Legal and Constitutional Framework:
- Article 324 (1): Grants the ECI superintendence, direction and control of elections to Parliament and State Legislatures.
- Representation of the People Act, 1950: Section 21(3) empowers the ECI to order special revision of electoral roll.
- Section 16 disqualifies a non-citizen from being enrolled in the electoral roll.
- Registration of Electors Rules, 1960: Specifies procedures for enrolment, revision, etc.
