'Will scrap entire exercise if...': Supreme Court's tough message to EC on Bihar SIR row

The Supreme Court on Monday said that it would cancel the entire Special Intensive Revision (SIR) of electoral rolls if any illegality is found in the Election Commission of India's (ECI) methodology, India Today reported.

A bench comprising Justices Surya Kant and Joymalya Bagchi said that it was presuming that, being a constitutional authority, the EC had followed the law and mandatory laws while conducting the SIR. 

The top court bench refused to give any piecemeal opinion on the issue, adding that the final verdict would have implications for the SIR exercise. Furthermore, the Supreme Court has scheduled a hearing on the final arguments regarding the validity of the SIR exercise in Bihar for October 7. 

Previously, the Election Commission told the apex court that any direction to conduct SIR at regular intervals throughout would "encroach" upon the poll panel's exclusive jurisdiction. 

It said through its July 5, 2025, letter addressed to all chief electoral officers (CEOs) of states and Union Territories, except Bihar, the commission has directed the initiation of immediate pre-revision activities for SIR of electoral rolls with reference to January 1, 2026, as the qualifying date.

The affidavit said the EC is vested with constitutional as well as statutory powers to oversee the preparation and revision of electoral rolls.

"Any direction to conduct a 'SIR' at regular intervals throughout the country would encroach upon the exclusive jurisdiction of the ECI," it said.

The EC said, in its counter-affidavit filed on September 13, that it has the "complete discretion" over the policy of revision to the exclusion of any other authority. 

The affidavit was filed on a plea by advocate Ashwini Kumar Upadhyay, who has sought a direction to the EC to conduct SIR of electoral rolls at regular intervals throughout India, particularly before elections, to ensure that only Indian citizens decide the polity and policy of the country.

On September 8, the top court ordered that Aadhaar be treated as the 12th valid document for inclusion in Bihar's electoral rolls during the ongoing SIR exercise amid complaints of EC officials refusing to accept it despite earlier instructions.

Overruling the EC's objections, the Supreme Court said that while Aadhaar cannot prove citizenship, it remains a legitimate proof of identity and residence.