·The Hindu·15 marks·250–350 wordsPolitySociety

Does the creation of appellate tribunals under judicial supervision strengthen or dilute the constitutional autonomy of the Election Commission under Article 324? Discuss.

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In this answer
  1. How it strengthens ECI autonomy
  2. How it may dilute autonomy

Article 324 gives the Election Commission of India (ECI) "superintendence, direction and control" over electoral rolls [1]. On 10 March 2026, the Supreme Court directed that a judge-led appellate body be set up to hear challenges to deletions made during West Bengal's Special Intensive Revision (SIR) [3]. This arrangement adjusts the ECI's autonomy rather than eroding it, provided appeals are decided on time.

How it strengthens ECI autonomy

  • Legitimacy shield: each bench has two former or sitting High Court judges [3]. Their neutral, reasoned review protects the ECI from charges of partisanship in a politically charged state.
  • Machinery stays with the ECI: the ECI notified the 19 tribunals and pays for them [3][5]. Its power to prepare the rolls is untouched.
  • Constitutional fit: Mohinder Singh Gill (1978) held that Art. 324 is plenary but subject to law and fairness [2]. Appellate review puts that fairness requirement into practice.
  • Protects roll purity: the Court refused interim voting rights to pending appellants, saying this would undo a "herculean" verification exercise [4].

How it may dilute autonomy

  • Control shifts to courts: the Calcutta High Court Chief Justice decides how many benches there are [3]. The Supreme Court set cut-off dates and used Art. 142 to order supplementary rolls [4]. The ECI increasingly carries out court directions.
  • Limited administrative choice: the ECI's door-to-door Form 6 re-enrolment drive leaves out over 20 lakh voters whose appeals are pending [6]. This creates two unequal routes back onto the roll.
  • Blamed for delays it cannot control: by August 2026 only about 83,000 of 38.1 lakh appeals had been decided. The Court demanded data and suggested adding tribunals [5]. The ECI is answerable for a backlog it does not directly manage.
  • Precedent risk: a remedy designed by the court, not passed by Parliament, could become the template for future roll revisions run under court supervision.

On balance, the tribunals strengthen the ECI's credibility, which is the substance of autonomy, even as they narrow its day-to-day discretion. The way forward is time-bound disposal, priority for the roughly 7 lakh appeals from voters already deleted [5], more benches, and putting the appellate mechanism into the Representation of the People Act, 1950. That would let Art. 324 autonomy and Art. 326 adult suffrage [1] support each other.

Sources

  1. 1Constitution of India, Articles 324 and 326 (Legislative Department, Ministry of Law & Justice)ECI's superintendence of rolls; adult suffrage
  2. 2Mohinder Singh Gill v. Chief Election Commissioner (1978), Supreme Court of IndiaArt. 324 is plenary but bound by law and fairness
  3. 3Supreme Court Observer — "West Bengal SIR: SC directs creation of appellate body" (March 2026)10 March order; two-judge benches; Calcutta HC CJ fixes bench numbers; ECI bears costs
  4. 4Supreme Court Observer — "West Bengal SIR: SC invokes Art 142 to include voters if appeals succeed before cut-off dates" (April 2026)Art. 142 supplementary rolls; no voting for pending appellants; "herculean" verification
  5. 5Supreme Court Observer — "West Bengal SIR: SC directs ECI to disclose status of pending appeals" (August 2026)19 tribunals; 38.1 lakh appeals, ~7 lakh from deleted voters, ~83,000 decided; priority for deleted voters; more tribunals suggested
  6. 6The Hindu — "Re-enrolment drive will not include Bengal voters under adjudication" (3 Oct 2026)Form 6 drive leaves out 20 lakh+ voters whose appeals are pending
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