·The Hindu·15 marks·250–350 wordsPolity

Critically evaluate the Supreme Court's role in balancing the ECI's mandate for free and fair elections against citizens' right to be enrolled as voters, in light of the SIR exercise.

In this answer
  1. Where the Court strengthened the balance
  2. Where the balance falls short

The electoral roll is the gateway to the franchise. In upholding the Election Commission's Special Intensive Revision (SIR) under Article 324 read with Section 21(3), Representation of the People Act, 1950 [1][2], the Supreme Court has attempted a calibrated balance — enabling roll purity while policing the process rather than substituting its own judgment for the Commission's.

Where the Court strengthened the balance

  • Institutional certainty: it held SIR neither excessive nor manifestly arbitrary, affirming ECI's plenary power with a clear statutory anchor ahead of the 2026 Assembly polls [1][2].
  • Fencing the power: ECI may make a limited enquiry into electoral eligibility but cannot conclusively determine citizenship, which remains with authorities under the Citizenship Act [1].
  • Converting procedure into remedy: in the Bihar litigation (ADR v. ECI) it pressed for acceptance of widely-held documents and directed State Legal Services Authorities and paralegal volunteers to help excluded electors file appeals [3].
  • Draft is not final: judicial insistence on the claims-and-objections window preserves ECI's own safeguard that draft deletions are not yet disenfranchisement [4].

Where the balance falls short

  • Individual remedy against systemic exclusion: third-phase draft rolls show 6.15 crore deletions against 57.75 lakh additions — a 15.7% fall since 2024 [5][6]. An appeals route shifts the burden of proof onto the least documented.
  • Deference on the decisive question: ECI was left free to refuse Aadhaar as proof of citizenship, diluting the documentary relief [3].
  • Unexamined disparities: Delhi (−35.89%), Chandigarh (−31.84%) and Maharashtra (−17.08%) [5] point to migrants and urban tenants bearing the cost, yet no disaggregated audit was ordered.
  • Episodic oversight: relief came through interim orders, not a standing supervisory mechanism.

The Court has thus protected the legality of SIR more firmly than the inclusiveness of its outcome. A forward-looking correction lies in court-monitored, publicly disaggregated deletion audits, reasoned individual notices, and time-bound appellate disposal — so that accuracy of rolls and universal adult franchise under Article 326 reinforce rather than displace each other.

Sources

  1. 1Association for Democratic Reforms v. Election Commission of India, Supreme Court judgment, 27 May 2026 (2026 INSC 564)SIR upheld as not manifestly arbitrary; ECI's citizenship enquiry limited to electoral eligibility
  2. 2The Representation of the People Act, 1950 — India CodeSection 21(3) power to order a special revision of electoral rolls
  3. 3Challenge to the ECI's Revision of Electoral Rolls in Bihar — Supreme Court Observer case pagedocument-acceptance orders, Aadhaar's rejection as citizenship proof, legal-aid directions for excluded voters
  4. 4ECI's Special Intensive Revision Being Conducted in Phases with Multiple Safeguards to Protect Eligible Voters — PIBclaims-and-objections stage; draft roll distinct from final roll
  5. 5Voter lists shrink over 15% since 2024 elections in States, U.T.s where SIR third-phase draft lists are out — The Hindu15.7% shrinkage; 6.15 crore deletions vs 57.75 lakh additions; Delhi, Chandigarh, Maharashtra figures
  6. 6Special Intensive Revision – Phase III — PIBscope and schedule of the third-phase revision
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