·The Hindu

SIR is illegal and needs to be reversed: former CEC Quraishi

In this note
  1. At a Glance
  2. Why in the News
  3. Background & Evolution
  4. Core Static Facts
  5. Multi-Dimensional Analysis
  6. Recent Developments (last 12-18 months)
  7. Prelims Hooks
  8. What the Court Allowed and What It Did Not Settle
  9. Where a Genuine Voter Actually Falls Off the Roll
  10. The Seats the South Loses if 2011 Data Is Used
  11. The Strongest Case in Favour of SIR
  12. What ECI Could Do to Take the Sting Out of the Charge
  13. Anchors for Answers
  14. Mains Relevance
  15. Related Topics to Study Next
  16. Common Errors / Trap Areas

1. At a Glance

  • Special Intensive Revision (SIR) is the Election Commission of India's (ECI) house-to-house re-verification of electoral rolls. ECI acts under Article 324 and Section 21, RP Act 1950 [1][2].
  • On 23 Sept 2026, former CEC S.Y. Quraishi called SIR "illegal" and said it "needs to be reversed" [6]. This runs against a court examination cited in the search results, which found SIR within ECI's statutory mandate [1].
  • Opposition MPs link SIR to delimitation, saying both are tailored to favour the BJP. This is a political claim, not an established fact [6].
  • Why it matters: it bears on electoral integrity, ECI's autonomy, federal representation and citizenship-linked voter verification.

2. Why in the News

  • Quraishi made the remark on Wed 23 Sept 2026 at the New Delhi launch of The Delimitation Debate: The Union and its Units (The Hindu Group). The book has essays on representation, federalism and demographic change [6].
  • John Brittas (CPI-M) said SIR and delimitation are interlinked and tailored to help the BJP win [6].
  • Jairam Ramesh (Congress) said the government has not prorogued the Monsoon Session, because it plans to bring the Bills around 11 Oct [6].
  • Context: three Bills were introduced in Lok Sabha on 16 Apr 2026. They are the Constitution (131st Amendment) Bill, the Delimitation Bill and the UT Laws (Amendment) Bill [4]. They increase Lok Sabha's size, seek delimitation on the 2011 census and tie women's reservation to that delimitation [4].

3. Background & Evolution

  • SIR mechanics: BLO house-to-house enumeration, enumeration forms, a draft roll, a claims-and-objections window, then a final roll after verification [1].
  • Stated objective: no eligible citizen left out, no ineligible person included [1].
  • Phasing: Bihar SIR came first and was reported completed [1]. Phase II covered 9 States and 3 UTs [1]. Phase III also exists [1].
  • Delimitation freeze: the 42nd Amendment (1976) froze seats on the 1971 census. The 84th Amendment (2001) extended the freeze until the first census after 2026 [3]. The provisos to Articles 82 and 170(3) carry the freeze [3]. The rationale was to reward population stabilisation [3].
  • Delimitation Act, 2002 is the current statute [3].

4. Core Static Facts

Item Fact
SIR constitutional basis Art. 324 (superintendence, direction and control of elections) [1]
SIR statutory basis Sec. 21, RP Act 1950 (preparation and revision of rolls by qualifying date) [2]
Field functionaries Booth Level Officers (BLOs) [1]
Freeze on seats 42nd Amendment 1976, extended by the 84th Amendment 2001 [3]
Freeze articles Provisos to Arts. 82 and 170(3) [3]
2026 Bills Constitution (131st Amendment), Delimitation, UT Laws (Amendment); introduced 16 Apr 2026 [4]

5. Multi-Dimensional Analysis

Legal / Constitutional

  • SIR's basis is Art. 324 plus Sec. 21 [1][2]. The cited court examination upheld it as within ECI's mandate [1].
  • Quraishi's claim of illegality is an expert opinion, not a judicial finding [6].
  • Delimitation changes need constitutional amendment, since they touch the provisos to Arts. 82 and 170 [3][4].

Ethical / Governance

  • Opposition alleges partisan design [6]. ECI's stated safeguard is that the process runs in phases with multiple protections for eligible voters [1].
  • The core tension is roll accuracy against the risk of exclusion.

Federalism

  • The freeze was meant to reward states that stabilised population [3]. Delimitation on 2011 data reopens the question of how seats are shared between states [4][6].

Administrative

  • Enumeration is BLO-driven, so it is labour-intensive and time-bound. It moves through phases by State and UT [1].

6. Recent Developments (last 12-18 months)

  • Bihar SIR completed [1]. It began with ECI's announcement of the Bihar revision [1].
  • SIR Phase II in 9 States and 3 UTs [1].
  • SIR Phase III notified by PIB [1].
  • 16 Apr 2026: the delimitation Bills were introduced in Lok Sabha [4]. The Home Minister replied to the debate in Lok Sabha [5].
  • 23 Sept 2026: Quraishi's remarks and the book launch [6].
  • Expected around 11 Oct 2026: the government plans to bring the Bills, per Ramesh [6].

7. Prelims Hooks

  • SIR is directed by ECI under Art. 324 and Sec. 21, RP Act 1950 [1].
  • Sec. 21 RP Act 1950 deals with preparation and revision of electoral rolls [2].
  • BLOs do the house-to-house enumeration in SIR [1].
  • The 42nd Amendment (1976) froze Lok Sabha and Assembly seats on the 1971 census [3].
  • The 84th Amendment (2001) extended the freeze to the first census after 2026 [3].
  • The freeze is in the provisos to Arts. 82 and 170(3) [3].
  • The Delimitation Act, 2002 is the current delimitation statute [3].
  • Constitution (131st Amendment) Bill, 2026 was introduced on 16 Apr 2026 [4].
  • The 2026 Bills seek delimitation on the 2011 census [4].
  • S.Y. Quraishi is a former CEC [6].
  • The Bihar SIR was the first SIR phase covered in the sources [1].

8. What the Court Allowed and What It Did Not Settle

  • The Court upheld ECI's power, not every step of the method
  • The Supreme Court held that SIR advances free and fair elections and is within ECI's power [7].
  • But during the Bihar hearings the Court also said it would scrap SIR if illegality was found in the methodology [9].
  • So "ECI may do SIR" and "ECI did SIR correctly" are two different questions. Quraishi's attack is on the second one [6].

  • The real fight is over who must prove citizenship

  • In Lal Babu Hussain v. Union of India (1995), the Court held the burden of proving citizenship falls on a new applicant, not on someone already on the roll [8].
  • In Inderjit Barua v. ECI (1985), being on the electoral roll was itself treated as strong proof, and the person objecting had to disprove it [8].
  • SIR asks the existing voter to fill an enumeration form and produce documents. Critics say this flips those rulings — the voter now has to prove himself [8].

  • Aadhaar had to be forced in

  • ECI told the Court that Aadhaar is not proof of citizenship [8].
  • The Court agreed Aadhaar is not final proof, but still directed ECI to accept it as the 12th document, subject to verification [8].
  • Point to remember: the widest-held ID in India was not on ECI's original list. It entered only by court order [8].

9. Where a Genuine Voter Actually Falls Off the Roll

  • The "untraceable" category is the weak joint
  • ECI deletes names under four heads: death, permanent shifting, duplicate entry, and untraceable despite repeated visits [1].
  • The first three can be checked against a record. "Untraceable" rests only on the BLO's visit notes [1].
  • A migrant worker away for the season, or a family locked out during two-three BLO visits, looks exactly like an ineligible entry [1].

  • The form itself is a filter

  • In Court, it was argued that many electors are illiterate, and filling forms is not the elector's job. If they cannot fill it, they drop off [8].
  • So the burden lands hardest on the poorest voters — the ones least able to file Form 6 to get back in [1][8].

  • Getting back in is harder than staying in

  • Restoration runs through claims and objections (Forms 6, 7, 8) and then an appeal to the District officer [1].
  • That means travel, papers and a deadline. A voter who never learns his name was cut simply misses the window [1].

  • ADR's objection on documents

  • ADR called ECI's refusal to accept Aadhaar as proof in Bihar "absurd", because it is the one document most poor voters actually hold [9].

10. The Seats the South Loses if 2011 Data Is Used

  • This is the real reason the Opposition links SIR and delimitation
  • Delimitation on the 2011 census, keeping the total seats unchanged, shifts seats from south to north [3].

  • The numbers, as PRS sets them out [3]

  • Tamil Nadu: 39 → 32. Kerala: 20 → 15.
  • Uttar Pradesh: 80 → 89. Bihar: 40 → 46. Rajasthan: 25 → 30.
  • States that controlled their population lose weight in the Lok Sabha. That is the opposite of the reason the freeze was created [3].

  • The Bills also remove the fixed rule

  • Articles 81 and 82 originally required delimitation after every census, using the latest census [3].
  • Under the new Bills, Parliament decides by law when delimitation happens and which census it uses [3].
  • So the timing stops being automatic and becomes a political choice. That is a bigger change than the seat numbers [3].

  • Women's reservation is the sweetener

  • The 106th Amendment tied women's reservation to the first census after the 2023 Act [3].
  • Delimitation on 2027 census data could not finish before the 2029 election, so the Bills drop that link and deliver women's reservation through the 2011-based exercise instead [3][4].
  • Result: a state opposing the seat shift must also appear to be delaying women's reservation.

11. The Strongest Case in Favour of SIR

  • Rolls really do rot, and nobody else cleans them
  • Voters die, marry, and move city. Without house-to-house checking, dead and duplicate entries stay on the list for years [1].
  • Duplicate entries in two states are exactly what a summary revision at the same address cannot catch [1].

  • The Court accepted this reasoning

  • The Supreme Court said the exercise serves the constitutional goal of free and fair elections [7].
  • A roll with inflated entries harms voters too — one person's extra vote dilutes everyone else's [7].

  • The safeguards are real on paper

  • Minimum two-three BLO visits before anyone is marked untraceable; reasons recorded in a set format under the Registration of Electors Rules, 1960 [1].
  • Draft roll published, statutory claims-and-objections window, appeal to the District officer [1].

  • What the defence still does not answer

  • Every safeguard depends on the voter knowing he was deleted, within the window [1].
  • And it does not explain why Aadhaar had to be added by the Court rather than by ECI [8].

12. What ECI Could Do to Take the Sting Out of the Charge

  • ECI should publish deletions name-wise with the reason attached
  • Right now the four deletion reasons exist as categories, not as a public list a voter or party can check [1].
  • A booth-wise, reason-wise list downloadable before the objection window closes lets parties and NGOs like ADR find wrong deletions instead of arguing about totals [1][9].

  • ECI should treat "untraceable" as the last resort, with a written order

  • Follow its own rule of two-three visits, but record a speaking order — the reason in writing, served at the address, as the Registration of Electors Rules, 1960 process requires [1].
  • A migrant then has a paper to answer, not a silent removal.

  • Accept Aadhaar up front, as the Court directed

  • The Supreme Court ordered Aadhaar in as the 12th document, with verification [8].
  • ECI should build that into the SIR form for Phase II and Phase III from the start, so poor voters do not have to litigate for it each phase [1][8].

  • Parliament should keep the delimitation trigger in the Constitution

  • The Bills hand Parliament the power to choose the timing and the census [3].
  • Writing a fixed rule into Articles 81 and 82 — as they originally worked — removes the suspicion that the ruling party picks the census that suits it [3].

  • Separate the two exercises in time

  • SIR touches voter lists; delimitation touches seats [1][3].
  • Running both in the same season is what makes the Opposition's linkage believable [6]. Finishing and auditing SIR before the delimitation Bills are taken up would answer that at almost no cost.

13. Anchors for Answers

  • Data: Delimitation on the 2011 census with total seats unchanged — Tamil Nadu 39→32, Kerala 20→15, UP 80→89, Bihar 40→46, Rajasthan 25→30 [3]
  • Report/Committee: PRS Legislative Research, Issues for Consideration on the Delimitation Bills, 2026 [3]
  • Law/Case: Art. 324 and Sec. 21, RP Act 1950 (SIR's basis) [1][2]; Lal Babu Hussain v. Union of India (1995) — burden of citizenship proof is on the new applicant, not the existing voter; Inderjit Barua v. ECI (1985) — presence on the roll is strong proof, the objector must disprove it [8]
  • Law/Case: Supreme Court (2026) upheld ECI's power to conduct SIR as advancing free and fair elections [7]; earlier warned it would scrap SIR if the methodology was found illegal [9]
  • Law/Case: Supreme Court direction to accept Aadhaar as the 12th document, subject to verification; Aadhaar is not final proof of citizenship [8]
  • Scheme: Registration of Electors Rules, 1960 — Forms 6, 7 and 8 and appeal to the District officer are the only route back onto the roll after deletion [1]

14. Mains Relevance

15. Related Topics to Study Next

  • Art. 324 and the ECI's plenary powers: the basis for SIR.
  • RP Act 1950 and 1951: rolls versus conduct of elections.
  • Delimitation Commission and the Delimitation Act 2002: the mechanism.
  • 42nd and 84th Amendments: the freeze history.
  • Women's reservation: now linked to delimitation.
  • Citizenship and voter eligibility: the qualifying question in roll revision.
  • North-South representation debate: the population-stabilisation rationale.

16. Common Errors / Trap Areas

  • SIR versus "Summary Revision": SIR is intensive and house-to-house. Don't treat them as interchangeable.
  • Freeze year: the 42nd Amendment imposed it (1976) and the 84th extended it (2001). Don't credit the 84th with the original freeze [3].
  • Roll versus seats: SIR concerns voter lists, and delimitation concerns constituency boundaries and seats. Opposition links them politically, but they are legally distinct [1][3][6].
  • Quraishi's "illegal" claim is an opinion, and the court examination found SIR within ECI's mandate [1][6].
  • Source caveat: the article text available was truncated after Ramesh's remark. The Hindu and Indian Express searches were blocked, so the Quraishi details rest on the supplied excerpt only.

Sources

  1. 1ECI SIR press releases (PIB): Bihar, Phase II, Phase III, safeguards — (also PRID=2139342, 2186480, 2267217, 2173316)pib.gov.in · tier 1
  2. 2Section 21, Representation of the People Act, 1950indiacode.nic.in · tier 1
  3. 3The Constitution (Eighty Fourth Amendment) Act, 2002 / Delimitation Bills issueslegislative.gov.in · tier 1
  4. 4The Delimitation Bill, 2026 (PRS)prsindia.org · tier 1
  5. 5Home Minister's reply in Lok Sabha on the Delimitation Bills (PIB)pib.gov.in · tier 1
  6. 6"SIR is illegal and needs to be reversed: former CEC Quraishi", The Hindu, 24 Sept 2026thehindu.com · tier 4
  7. 7'Necessary for free and fair polls': SC upholds EC's power to conduct SIRbusiness-standard.com · tier 4
  8. 8EC cannot burden voters to prove citizenship: SC hearing on Bihar SIRbusiness-standard.com · tier 4
  9. 9EC's refusal to accept Aadhaar as voter ID in Bihar is 'absurd': ADRbusiness-standard.com · tier 4

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