SIR Controversy: Supreme Court Asks if Election Commission Can Act Without Restraint

SIR Row: Supreme Court Questions Whether ECI Has ‘Untrammelled Powers’, Warns Against Overreach.

The Supreme Court on Wednesday questioned whether the Election Commission of India (ECI) has “untrammelled powers” to bypass established rules during the ongoing Special Intensive Revision (SIR) of electoral rolls. A bench of CJI Surya Kant and Justice Joymalya Bagchi cautioned that while the ECI enjoys wide discretion under the Constitution, its actions must remain “just and fair” and cannot behave like an “unruly horse” that overrides voters’ civil rights.

The legal dispute revolves around Section 21(3) of the Representation of the People Act, 1950, which allows the ECI to direct a special revision “in such manner as it may think fit.” Senior Advocate Rakesh Dwivedi, representing the ECI, argued this provision gives the commission flexibility to correct logical discrepancies in the voter list, including impossible age gaps or ghost entries.

However, the bench expressed concern over transparency and fairness. Justice Bagchi questioned why the ECI replaced six standard voter verification documents with 11 new documents, some difficult for rural or economically disadvantaged citizens to provide. Such deviations, the court noted, could disenfranchise legitimate voters and violate natural justice principles.

The hearing comes amid tensions in West Bengal, where about 1.36 crore voters have been flagged for discrepancies ahead of assembly elections. Petitioners, including the Trinamool Congress, allege the SIR is being misused for profiling and causing public distress. The court previously directed that names of flagged voters be displayed at local panchayat offices, rather than relying solely on digital notices.

The Supreme Court’s key message is clear: while the ECI has a constitutional mandate under Article 324, any special procedures must be transparent, fair, and within the law. Powers under Section 21(3) are not unlimited, and the commission cannot unilaterally override rules set by Parliament.