Can Deletion During SIR Cost You Citizenship? Supreme Court in SIR Ruling

The Supreme Court on Wednesday upheld the Election Commission’s authority to conduct the Special Intensive Revision (SIR) of electoral rolls, holding that the exercise falls within its constitutional mandate and is supported by adequate safeguards, procedural fairness, and mechanisms for claims and appeals.

The court, however, made it clear that SIR is not a citizenship determination process . It said the Election Commission’s role is limited to assessing eligibility for inclusion in electoral rolls and cannot be treated as a final decision on citizenship status.

The judgment leaves open key questions for lakhs of voters whose names have been deleted during the revision exercise. Under the SIR framework, affected individuals can file claims and objections and submit documents before electoral officers prior to final publication of rolls.

In states where the exercise has advanced, such claims have been processed. In West Bengal, the Supreme Court had earlier directed a structured appeals mechanism with retired High Court judges hearing over 34 lakh claims . Reports indicate that over 1,600 names were restored just before polling, while thousands of appeals continue to be adjudicated.

The court further directed that deletions made on grounds of doubtful citizenship must be referred to the competent authority under the Citizenship Act within four weeks. Citizenship determination lies with the Ministry of Home Affairs (MHA) , which verifies nationality through statutory procedures.

Citizenship in India is based on birth, descent, registration, or naturalisation , with documents such as birth certificates, school records, ration cards, and passports used as evidence. In disputed cases, the MHA may issue confirmation after verification.

Petitioners had argued that SIR resembles a backdoor NRC and risks large-scale exclusion of voters. The court rejected these claims, holding the exercise is aimed at strengthening the accuracy and integrity of electoral rolls.

With the verdict, focus now shifts to implementation, including referral procedures, timelines, and safeguards for affected voters.