EDITORIALS & ARTICLES

The Election Commission of India (ECI) Does Not Have Unfettered Power

Context

Ahead of the Assembly elections scheduled for November, the Election Commission of India (ECI) has ordered a Special Intensive Revision (SIR) of electoral rolls across Bihar.
Opposition parties claim this is a politically motivated attempt to disenfranchise voters by questioning their citizenship status. The ECI, however, defends the move, citing its legal authority.
With the matter now before the Supreme Court, the key issue is no longer political intent but the legality and constitutional scope of the ECI’s actions.

Legal Framework: Voting Rights and Disqualifications

Constitutional Right to Vote

  • Article 326 guarantees universal adult suffrage to every Indian citizen aged 18 and above, unless disqualified by law.

Disqualifications (Representation of the People Acts)

  • RPA, 1950 & 1951 specify the following disqualifications:
    • Being of unsound mind (as declared by a court).
    • Disqualification under Section 11A of the RPA, 1951.

Conditions for Registration as a Voter

  • Section 19 (RPA, 1950):
    • Must be 18 years or older.
    • Must be ordinarily resident in the constituency.
  • Section 20 clarifies "ordinary residence":
    • Merely owning property doesn’t qualify.
    • A person temporarily away from home is still considered ordinarily resident.

Scope of ECI''s Constitutional Powers

Article 324: The Commission''s Mandate

  • Empowers the ECI to supervise the preparation of electoral rolls and conduct of elections.
  • The Supreme Court has described this as a "reservoir of power", vital to upholding the basic structure of free and fair elections.

Judicial Checks on ECI’s Powers

  • In Mohinder Singh Gill v. Chief Election Commissioner (1978):
    • The Court ruled that ECI must comply with existing laws.
    • It can act independently only in areas not governed by statute, and solely to advance electoral fairness.

Electoral Roll Revision: What the Law Says

Section 21 of the RPA, 1950 – Four Types of Revisions

  1. Before general elections (Lok Sabha or State Assemblies).
  2. Prior to by-elections.
  3. Annual revision on ECI’s direction (using January 1 as qualifying date).
  4. Special revision for a specific constituency or part of it, based on recorded reasons.

Key Legal Constraints

  • January 1 must be used as the qualifying date for revisions under the first three types.
  • Only special revisions (point 4) can occur anytime — and only for part of a constituency, not an entire state.

Legal Issues in Bihar’s Special Intensive Revision (SIR)

Concerns Raised

  • The ECI’s order of June 24 set July 1, 2025 as the qualifying date—contrary to legal requirements.
  • The term "Special Intensive Revision" is not defined in the RPA, 1950.
  • Applying a special revision statewide exceeds the authority granted under Section 21(3).

Citizenship and Voter Registration

Rule 8 of the Registration of Electors Rules

  • Applicants must furnish information "to the best of their ability".
  • Electoral officers cannot reject applications solely for lack of formal citizenship documents.
  • ECI is legally obligated to follow this guideline and protect genuine voters during the revision process.

Conclusion

  • While the ECI has statutory authority under Section 21 of the RPA to revise electoral rolls, Section 21(3) limits special revisions to a specific constituency or part thereof—not an entire state.
  • The powers under Article 324 are broad but not absolute. They must be exercised within the framework of existing laws and guided by constitutional principles, including natural justice.
  • The current dispute emphasizes the importance of judicial oversight in preserving the integrity of the electoral process.






POSTED ON 09-07-2025 BY ADMIN
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