Supreme Court Flags Overreach Concerns, Questions ECI’s Powers in SIR Dispute

SIR Row: Supreme Court Questions ECI’s Powers, Says It Can’t Act Like ‘Unruly Horse’

The Supreme Court on Wednesday raised serious questions about the Election Commission of India’s (ECI) powers in the ongoing Special Intensive Revision (SIR) of electoral rolls. A bench of CJI Surya Kant and Justice Joymalya Bagchi asked whether the commission enjoys “untrammelled powers”, cautioning that it cannot act like an “unruly horse” overriding voters’ rights.

The matter revolves around Section 21(3) of the Representation of the People Act, 1950, which allows the ECI to conduct special roll revisions “in such manner as it may think fit.” Representing the ECI, Senior Advocate Rakesh Dwivedi argued that the provision permits deviations from standard procedures to correct anomalies such as ghost entries or impossible age gaps.

The bench, however, expressed concern over transparency and fairness, questioning the replacement of six standard voter verification documents with 11 new ones, which could be hard for rural and poor citizens to provide. Such deviations, the court warned, risk disenfranchising legitimate voters.

The issue is especially sensitive in West Bengal, where 1.36 crore voters have been flagged for discrepancies ahead of assembly elections. Petitioners allege misuse of SIR for profiling. The court has emphasized that while the ECI has a constitutional mandate under Article 324, it must exercise its powers within legal boundaries.