Electoral roll revision raises legal concerns

Source: The post Electoral roll revision raises legal concerns has been created, based on the article “The ECI does not have unfettered powers” published in “The Hindu” on 9th July 2025

UPSC Syllabus Topic: GS Paper 2 – Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.

Context: The Election Commission of India (ECI) ordered a Special Intensive Revision (SIR) of electoral rolls in Bihar, ahead of the Assembly elections in November. Opposition parties alleged this move aims to disenfranchise voters by questioning their citizenship. The article examines the legality of this revision and the scope of ECI’s powers.

Legal Basis for Voter Eligibility and Disqualification

1. Constitutional Framework under Article 326: Article 326 of the Constitution provides for elections based on adult suffrage. Every adult citizen has the right to vote, subject to disqualifications explicitly provided in law.
2. Statutory Grounds for Disqualification: The Representation of the People Act (RPA), 1950, specifies two disqualifications: being of unsound mind as declared by a competent court, and disqualification under Section 11A of the 1951 RPA.
3. Eligibility Conditions under Section 19: Section 19 of the 1950 RPA lays down that a person must not be less than 18 years of age and must be ordinarily resident in a constituency to be registered as a voter.
4. Clarification of ‘Ordinarily Resident’: Section 20 clarifies that simply owning or possessing a house in a constituency does not make a person ordinarily resident. Temporary absence does not disqualify a person from being considered an ordinary resident.

ECI’s Constitutional and Statutory Powers

1. Powers under Article 324: Article 324 vests the ECI with powers to conduct elections and prepare electoral rolls for Parliament, State Legislatures, and offices of President and Vice President. The Supreme Court describes it as a “reservoir of power” necessary to ensure free and fair elections.
2. Limits Defined by the Supreme Court: While the ECI has discretion where laws are silent, it must act strictly in accordance with existing laws. In Mohinder Singh Gill v. Chief Election Commissioner (1978), the Court stated that if a law exists, ECI must follow it; otherwise, Article 324 allows action to uphold fair elections.

Statutory Rules Governing Revision of Rolls

1. Provision under Section 21 of the 1950 RPA: Section 21 provides for revision of electoral rolls: (1) before general elections, (2) before by-elections, (3) annually by ECI’s direction, and (4) as a special revision for a constituency or part of it, with recorded reasons. The first three categories require use of a qualifying date.
2. Relevance of the Qualifying Date: Section 14 sets the qualifying date as January 1. Therefore, revisions under Section 21(2)(b) must refer to 01/01/2025. However, the ECI’s June 24 order mentions 01/07/2025 as the qualifying date, which has no legal basis under the law.
3. Lack of Legal Basis for Statewide SIR: The term ‘special intensive revision’ is not used in the law. Section 21(3) allows a special revision only for a constituency or part thereof—not for an entire State. The Bihar-wide SIR, therefore, appears not to conform with the provisions of the RPA.

Procedural Concerns and Legal Obligations

1. Subject to the Rule of Law: Although Article 324 grants ECI wide powers, it must act within the framework of law and follow norms of natural justice. Its actions must be reasonable, justifiable, and legally valid.
2. Misuse of Citizenship Verification: The ECI cannot allow electoral officers to reject applications solely due to the absence of foolproof citizenship documents. This would violate principles of fairness and due process.
3. Statutory Protection under Rule 8: Rule 8 of the Registration of Electors Rules mandates that information must be furnished “to the best of ability.” The ECI must respect this statutory protection and cannot enforce arbitrary or excessive documentation standards.

Conclusion

While the ECI enjoys broad constitutional authority, its powers are not unlimited. The current revision in Bihar, based on a non-statutory qualifying date and conducted across the entire State, appears to exceed the legal boundaries set by the Representation of the People Act. Its implementation must adhere to both statutory provisions and constitutional principles.

Question for practice:

Evaluate the legality of the Special Intensive Revision of electoral rolls conducted by the Election Commission in Bihar.