Discuss the constitutional and statutory basis of the Election Commission of India's power to conduct Special Intensive Revision of electoral rolls. How does the Supreme Court's 2026 ruling reinforce ECI's autonomy?

Q. Discuss the constitutional and statutory basis of the Election Commission of India's power to conduct Special Intensive Revision of electoral rolls. How does the Supreme Court's 2026 ruling reinforce ECI's autonomy? (15 marks, 250-350 words)

An accurate electoral roll is the foundation of adult suffrage, and the Special Intensive Revision (SIR) — a door-to-door verification of nearly 99 crore electors — is the largest such clean-up ever attempted. Its authority rests on a twin foundation of Article 324 and the Representation of the People Act, 1950, now judicially affirmed.

Constitutional basis - Article 324 vests the superintendence, direction and control of the preparation of electoral rolls in the ECI, a plenary reservoir of power enabling it to act where law is silent [1]. - Free and fair elections being part of the basic structure, roll purity is not merely administrative but a constitutional obligation of the Commission [1]. - The power is exercisable suo motu, without prior sanction of the Union or State governments — the core of ECI's institutional independence.

Statutory basis - Section 21(3), RP Act 1950 expressly permits a special revision of rolls "in such manner as it may think fit", distinguishing SIR from the routine annual summary revision [1]. - Operationalised through the Registration of Electors Rules, 1960: Booth Level Officers conduct house-to-house enumeration with pre-filled forms, EROs verify, followed by draft publication, a claims-and-objections window and the final roll [2]. - Due process is statutory: deletions are quasi-judicial, with appeals to the District Magistrate and a second appeal to the Chief Electoral Officer under Section 24 [1]. - The Commission itself calibrated the schedule across phases, revising dates where the Model Code of Conduct applied [3].

Reinforcement of autonomy by the 2026 ruling - On 27 May 2026 (2026 INSC 564), the Court held SIR within ECI's statutory mandate under the 1950 Act and consonant with its Article 324 duty [1]. - It upheld the exercise as proportionate, and clarified that refusing enrolment is an electoral decision, not a declaration of non-citizenship [1]. - By locating safeguards within the statute rather than substituting its own scheme, the Court signalled judicial deference to ECI's expertise [1][2].

The verdict thus settles a long-contested boundary: ECI enjoys wide operational latitude, tempered by procedural fairness. Going forward, proactive outreach to migrants and undocumented poor, aided by ERONET and SVEEP-style awareness, can ensure that purification of rolls advances rather than dilutes the constitutional promise of universal adult franchise under Article 326.

(~330 words)

Sources: 1. Supreme Court of India, Judgment dated 27 May 2026 (2026 INSC 564) on Special Intensive Revision — Article 324 plenary power; Section 21(3) RP Act 1950 as enabling provision; SIR held within ECI's statutory mandate and proportionate; deletion not a citizenship declaration; Section 24 appeal to CEO 2. PIB — "ECI's Special Intensive Revision of Electoral Rolls Being Conducted in Phases with Multiple Safeguards to Protect Eligible Voters" — BLO house-to-house enumeration, ERO verification, draft/final roll publication and in-built safeguards 3. PIB — "ECI Revises Schedule for Special Intensive Revision (SIR) of Electoral Rolls in 6 States/UT" — ECI's own calibration of the SIR schedule around the election calendar