·The Hindu·15 marks·250–350 wordsPolity

Discuss the constitutional and legal issues involved in large-scale revision of electoral rolls, and its implications for the right to vote and electoral inclusion.

In this answer
  1. Constitutional issues
  2. Legal issues
  3. Implications for the right to vote and inclusion

An accurate electoral roll is the foundation of universal adult franchise under Article 326. The Election Commission's Special Intensive Revision (SIR), first rolled out in Bihar covering about 8 crore electors through house-to-house enumeration [3], and upheld by the Supreme Court in Association for Democratic Reforms v. ECI (2026) [1], illustrates how roll purification advances electoral integrity yet unsettles voter inclusion.

Constitutional issues

  • Source of power: the Court traced SIR to Article 324 read with Part XV, holding the plenary superintendence power is not a "dead letter" but must serve free and fair elections [1].
  • Federal and rights concerns: verification touching citizenship risks overlap with Union domain and with Article 14 (arbitrariness) and Article 21 (due process) if documentation demands are onerous [1].
  • Judicial review: the Court applied the proportionality test — legitimate aim, rational nexus, and adequate procedural safeguards — extending rights jurisprudence to election administration [1].

Legal issues

  • Section 21(3), RPA 1950 empowers a special revision "for any constituency or part of a constituency" for recorded reasons; petitioners read this as permitting only targeted revision, while the Court accepted a State-wide exercise [2].
  • Evidentiary standards: the Court clarified that Aadhaar is not proof of citizenship but, under Section 23(4), must be accepted as a document of identity [1].

Implications for the right to vote and inclusion

  • Deletion without effective notice can disenfranchise migrants, the poor and undocumented citizens, for whom the appeal route under Sections 24–25, RPA 1950 is difficult to access [2].
  • Conversely, deduplication and removal of shifted or deceased entries protect the value of each vote [3].
  • Inclusion is better served by facilitative reforms — such as the four qualifying dates introduced by the Election Laws (Amendment) Act, 2021, enabling young citizens to enrol sooner [4].

Roll revision is therefore constitutionally legitimate but administratively demanding. Transparent publication of deletions, reasoned orders, doorstep assistance for vulnerable groups and time-bound appeals can reconcile purity with inclusion — ensuring the exercise strengthens, rather than narrows, the promise of universal franchise.

Sources

  1. 1Association for Democratic Reforms v. Election Commission of India, 2026 INSC 564 (Supreme Court of India, 27 May 2026)Article 324 and Part XV basis, proportionality test, Aadhaar as identity document
  2. 2The Representation of the People Act, 1950 (Act No. 43 of 1950), India CodeSection 21(3) special revision power; Sections 23–25 inclusion and appeals
  3. 3PIB, "ECI to begin Special Intensive Revision of Electoral Rolls in Bihar"scale of Bihar SIR, enumeration process and stated objectives
  4. 4PRS Legislative Research, The Election Laws (Amendment) Bill, 2021four qualifying dates for enrolment
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