Supreme Courts SIR Verdict Marks a New Low For an Already Compromised Judiciary

Supreme Court Upholds SIR Process

On May 27, a two-judge Supreme Court bench led by Chief Justice of India Surya Kant, alongside Justice Joymalya Bagchi, delivered its final verdict on the constitutional validity of the Special Intensive Revision (SIR) being carried out by the Election Commission of India. The court upheld the SIR process in full, accepting the Commission's arguments and rejecting the petitioners' evidence and documentation. The judgment runs to 124 pages and addresses four broad constitutional questions along with related issues. Activist Yogendra Yadav compared the ruling to the ADM Jabalpur case, while senior advocate Sanjay Hegde noted that such moments have recurred under successive Chief Justices.

Constitutional And Statutory Basis

The bench relied on Articles 324, 325 and 326, holding that these provisions empower the Election Commission to conduct free and fair elections, including preparation and maintenance of electoral rolls, and to adopt new procedures under existing law. The judgment also referred to Article 327, which makes the Commission's powers subject to parliamentary legislation. Parliament has enacted the Representation of the People Act, 1950, amended in 1956 through Section 21(3), and the Electoral Roll Revision Rules of 1960. The court concluded that SIR does not violate these statutory provisions, rejecting the argument that it introduces a citizenship verification procedure never previously part of electoral roll revision. The court accepted the Commission's claim that SIR has been conducted periodically in the past, though the article notes that earlier Intensive Revisions, including the one in 2002-03, did not involve such investigative verification.

Why It Matters For Compliance

The verdict has direct implications for businesses and compliance teams tracking electoral and identity-linked documentation. The SIR process has already been conducted across 13 states, generating disruption and anxiety, with reports of disc…