"Article 324 is a reservoir of power, but not a fountain of unfettered discretion." Discuss with reference to the Special Intensive Revision of electoral rolls.

Article 324 gives the Election Commission of India (ECI) "superintendence, direction and control" of elections, including the preparation of electoral rolls. The Supreme Court has long treated it as a reservoir of power that fills gaps where the law is silent but never overrides the law [1]. The Special Intensive Revision (SIR) shows both sides of this power.

Article 324 as a reservoir: why SIR is legitimate

• Judicial endorsement: In May 2026 the Supreme Court upheld SIR under Art. 324 read with the RP Act, 1950 and the Registration of Electors Rules, 1960 [2].
• Statutory basis: Sec. 21(3), RP Act 1950 allows a special revision "at any time, for reasons to be recorded" [3].
• Constitutional purpose: The Court found a direct nexus between SIR and free and fair elections. It cited the more than four decades since the last intensive revision, migration, urbanisation and duplicate entries [3].

Not unfettered: where the limits apply

• Supplement, not supplant: In Kanhiya Lal Omar v. R.K. Trivedi, the Court held that the ECI's powers operate where the law is silent, not against it [1].
• Statutory forms: Form 6 is a prescribed form [7]. A PIL alleges that an ancestry-linked declaration was added through ECI software without following the statutory procedure. The Court said it "has not approved any changes to Form 6" and asked for records showing who made them [6].
• Collegial functioning: The same PIL alleges that decisions were taken without the concurrence of the other Election Commissioners [6]. Opposition leaders now want those Commissioners' notings disclosed and the SIR stayed [9].
• Risk of exclusion: Bihar's draft roll left out about 65 lakh names. The ECI published them with reasons only after a Supreme Court interim order [4].
• Institutional independence: The CEC and Other ECs Act, 2023 gives the government a majority on the selection committee. This departs from the interim panel set by Anoop Baranwal (PM, Leader of Opposition, CJI) [8].

SIR shows that Article 324 is wide enough to clean electoral rolls but is bound by statute, collegial decision-making and judicial review. Going forward, the ECI should:

• change forms only by amending the Rules;
• publish every deletion and the reason for it as standard practice;
• release data on the notices, hearings and restorations carried out in each district.

The Supreme Court should also settle the validity of the 2023 Act quickly. Used this way, the reservoir of Article 324 will protect universal adult suffrage under Article 326 instead of narrowing it.