ECI defends SIR process, calls internal dissent constitutional not a crisis
Synopsis
Key Takeaways
The Election Commission of India (ECI) on Wednesday, 23 September 2026, firmly rejected characterisations that disagreements among its three members constitute an institutional 'rupture', asserting that internal objections and written dissent notes are a recognised, routine feature of any multi-member constitutional body and do not, by themselves, establish illegality or dysfunction.
The Commission's response came after a report by The Indian Express revealed that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised 14 formal objections over 10 months on decisions of the Commission, including matters connected to the Special Intensive Revision (SIR) of electoral rolls.
The ECI's Position on Internal Dissent
In a press note issued on Wednesday, the ECI said that internal notes and checks are routine mechanisms designed to ensure transparency and legal compliance. The Commission pointed out that it has functioned as a multi-member body since 1993, with differences resolved through majority decisions as provided by law. According to the ECI, all official decisions carry legal sanction under the 2023 law governing the Commission's conduct of business.
The Commission further stated that around 40 new initiatives introduced over the past year were unanimously approved by the full Commission, and that elections were successfully conducted in Bihar, Kerala, Tamil Nadu, Puducherry, Assam, and West Bengal during this period.
Historical Precedents of Internal Disagreement
Analysts and legal observers note that sharper internal disagreements within the ECI are not without precedent. In 2009, then-Chief Election Commissioner N. Gopalaswami recommended the removal of Election Commissioner Navin Chawla over alleged partisan conduct — a recommendation the government rejected. Chawla subsequently became Chief Election Commissioner. Between 1993 and 1995, CEC T.N. Seshan challenged the very creation of the multi-member Commission in court, leading to an open legal battle with Commissioners M.S. Gill and G.V.G. Krishnamurthy. Commissioner Gill later joined the Indian National Congress (INC) and became a Union Cabinet Minister after his tenure.
'During a nationwide exercise involving crores of voters, 14 objections over 10 months cannot by themselves establish an institutional crisis,' analysts said, adding that the Commission has witnessed far more acrimonious splits historically.
Disputed Claims Around SIR and Form 6
On the question of Form 6 — the statutory voter-registration form — the ECI disputed suggestions that it had been illegally altered. The Commission said its May 2026 SIR order had already provided for a separate Declaration Form to accompany Form 6, containing questions on whether a voter or relative appeared in the previous SIR roll. Legal observers noted that changing a statutory form and adding a linked declaration are distinct legal actions.
The reported figure of 13 crore 'deletions' was also described as misleading by the Commission. The ECI clarified that the figure refers to names not carried forward into the draft roll — not final deletions — and that the SIR process provides for claims, objections, hearings, and a final roll. More than 1.26 lakh appeals have been resolved and 1.14 lakh voters restored, the Commission said.
In Goa, 97 voters were found eligible after hearings, but software lacked the facility to reverse earlier deletions. The Chief Electoral Officer reportedly wrote eight times seeking a solution before the final-roll deadline. Observers said this points to a technical shortcoming requiring correction, not evidence of intent to disenfranchise voters.
Supreme Court Backing and Legal Safeguards
The legal backdrop to the controversy is the Supreme Court's judgment of 27 May 2026, which upheld the ECI's power to conduct SIR under Article 324 of the Constitution read with Section 21(3) of the Representation of the People Act, 1950. The apex court examined the procedure and did not find the exercise disproportionate or contrary to law, also recognising the Commission's responsibility to maintain accurate electoral rolls.
Analysts noted that SIR is not a first-time exercise — India has conducted 10 such revisions since Independence, eight under Congress-led governments. The process incorporates multiple safeguards including Booth Level Officers, supervisors, Assistant Electoral Registration Officers (EROs), EROs, draft publication, claims and objections, hearings, final-roll publication, and monitoring by political parties through Booth Level Agents.
Where the Debate Now Stands
Analysts acknowledged that the documented disagreements merit scrutiny, particularly on transparency and decision-making, but stressed that internal dissent and institutional wrongdoing are categorically separate questions. Concerns over 'centralisation' of electoral data remain a matter of scrutiny rather than established wrongdoing, they said, noting that the Commissioners sought an audit of database access — and that seeking an audit is not evidence of tampering.
The ECI's position is that a multi-member body debating and recording objections, while ultimately taking decisions through the prescribed constitutional process, represents institutional checks working as intended — not a crisis. How political parties, the judiciary, and civil society respond to the ongoing SIR process will shape whether this remains a procedural debate or escalates into a broader electoral-integrity dispute.