Supreme Court Hears Challenges to ECI Electoral Roll Revisions

The Election Commission of India (ECI) defended its Special Intensive Revision (SIR) of electoral rolls before the Supreme Court on January 6, 2026, asserting a constitutional duty to ensure no foreigners are included in voter lists. The ECI, represented by senior advocate Rakesh Dwivedi, argued that Article 324 of the Constitution and the Representation of the People Act grant it the authority to maintain the purity of the rolls. Dwivedi explicitly distinguished the SIR from the National Register of Citizens (NRC), stating that while the NRC includes all persons, the electoral roll is limited to citizens over the age of 18.

These legal defenses follow a challenge filed by Member of Parliament Derek O’Brien, who alleged the ECI operated as a WhatsApp Commission by using informal channels and oral directions instead of written guidelines. O’Brien claimed this lack of accountability led to the deletion of over 5.8 million names in West Bengal without notice. West Bengal Chief Minister Mamata Banerjee also announced intentions to move court, citing administrative arbitrariness. Similar concerns emerged in Uttar Pradesh, where the publication of a draft voter list resulted in the deletion of nearly three crore names.

Chief Justice Surya Kant and Justice Joymalya Bagchi presided over the proceedings. While the court previously indicated it might refrain from interfering in technical procedures given that such an exercise has not occurred in 20 years, it deferred the final hearing on the batch of petitions to January 13, 2026.