The Supreme Court signalled that the Election Commission of India (ECI) may have to present a clearer and more convincing defence of the procedures adopted for the ongoing Special Intensive Revision (SIR) of electoral rolls. A Bench led by Chief Justice of India Surya Kant, along with Justice Joymalya Bagchi, continued to hear a clutch of petitions questioning the constitutional and legal validity of the large-scale voter verification drive.

Through the course of the hearing, the Bench remarked that it would not rely solely on the Commission’s precedents but would independently interpret the statutory framework governing electoral roll revisions. As reported by Live Law and Bar & Bench, the matter has been listed for further arguments on Tuesday.

Central Question: Can ECI Order State-Wide Verification?

At the heart of the challenge is whether Article 324 of the Constitution empowers the ECI to undertake an en masse, State-wide verification when the Representation of the People Act (RP Act) and its subordinate rules prescribe a more targeted, constituency-level revision process.

Senior Advocate Abhishek Manu Singhvi—appearing for PUCL and multiple political parties—asserted that the SIR process lacked legal backing. “This is lack of jurisdiction I am arguing,” he told the Court, contending that the ECI cannot create a new verification regime through internal instructions.

Singhvi stressed that Article 324 is not an unbounded power and must operate within the structure Parliament has laid down under Article 327. “324 is trumped by the law made under 327,” he argued, maintaining that Parliament never intended to authorise sweeping, statewide voter verification. He further said that imposing new documentation requirements through the SIR amounted to introducing “substantive” conditions without proper rule-making.

More States Added, More Petitions Filed

The ECI has already rolled out the SIR exercise in several States and Union Territories, including Kerala, Tamil Nadu and West Bengal. This expansion has prompted a fresh round of petitions, with the Supreme Court issuing notice in multiple matters on November 11. Political parties—from CPI(M) and CPI to IUML leader P.K. Kunhalikutty—have joined the legal challenge.

Separate hearings on State-specific challenges have been scheduled throughout December:

• Kerala: December 2

• Tamil Nadu: December 4

• West Bengal: December 9

ECI Pushes Back Against Criticism

During previous hearings, the Election Commission’s counsel pushed back strongly, accusing political parties of generating needless panic and misrepresenting the SIR exercise.