·The Hindu·15 marks·250–350 wordsPolity

Critically analyse the role of the Supreme Court in overseeing the Election Commission's administrative powers over voter registration.

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In this answer
  1. Positive role: guardian of electoral due process
  2. Limitations and concerns

Article 324 gives the Election Commission of India (ECI) superintendence over electoral rolls. The Representation of the People Act, 1950 governs how they are prepared and revised [5]. The Special Intensive Revisions (SIRs) have made the Supreme Court the main check on this power. The Court has itself said that roll disputes are "never merely administrative" [1]. Its oversight has been valuable but largely reactive.

Positive role: guardian of electoral due process

  • Fair hearing: Lal Babu Hussein (1995) barred deletion without a hearing. In the Bihar SIR, no name could be dropped from the draft roll without a hearing and written order, appealable to the DM and CEO [3].
  • Transparency: following the Court's 14 August 2025 direction, the list of about 65 lakh Bihar exclusions was made public with reasons [2].
  • Inclusiveness: Aadhaar was accepted as an additional identity document for claims, though not as proof of citizenship [2].
  • Legitimacy: in ADR v. ECI (2026) the Court upheld the SIR. This affirmed the ECI's mandate to keep rolls clean [1].

Limitations and concerns

  • Relief comes after harm: the Court steps in only after mass exclusion. In Delhi, 47,56,722 electors were left off the draft roll under the ASDD (Absent, Shifted, Dead, Duplicate) tag [4].
  • Design gaps remain: deleted Delhi voters can return only through Form 6 by declaring they are applying "for the first time". This risks prosecution for a false declaration under Section 31, RPA 1950 [4][5].
  • Case-by-case remedies: the Bihar directions dealt with making deletions visible, not with how claims are filed. As a result, each new SIR brings fresh litigation.
  • Separation of powers: deference to the ECI's Article 324 "reservoir of power" (Mohinder Singh Gill, 1978) stops the Court from designing procedures itself.
  • Timing: litigation often runs past electoral calendars, so relief can come after polls.

On balance, the Court has acted as a guardian of process, not a co-administrator. It has corrected excesses without stalling roll revision, but it has not fixed the structural design of remedies. Going forward, the ECI should create a separate restoration route for ASDD deletions through a formal amendment to the Registration of Electors Rules, 1960 [4]. It should also extend Bihar-style publication of reasons nationwide. Safeguards built into the rules, rather than won through litigation, would best secure universal adult suffrage (Article 326) and free and fair elections.

Sources

  1. 1Association for Democratic Reforms v. Election Commission of India, 2026 INSC 564 (Supreme Court judgment, via ECI)roll disputes "never merely administrative"; SIR upheld
  2. 2PIB: Special Intensive Revision (SIR) of Electoral Rolls in Bihar Successfully Completedabout 65 lakh excluded names published with reasons after the SC's 14 Aug 2025 direction; Aadhaar as an additional identity document
  3. 3PIB: Draft Electoral Roll Issued in Bihar Todayno deletion without a hearing and written order; appeals to DM and CEO
  4. 4"Will take care of those deleted in Delhi rolls: SC", *The Hindu*, 15 Oct 202647,56,722 ASDD exclusions; Form 6 first-time declaration; Registration of Electors Rules, 1960
  5. 5Representation of the People Act, 1950 (India Code)preparation and revision of rolls; Section 31 false-declaration offence
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