Discuss the division of rule-making power between the Union Government and the Election Commission over electoral rolls. What are its implications for the Commission's independence?

Article 324 gives the Election Commission of India (ECI) "superintendence, direction and control" over electoral rolls. However, the rules on how a citizen enrols are made by the Union Government. The ECI recently limited a Special Intensive Revision (SIR) declaration attached to Form 6 [1]. That episode shows this split works both as a safeguard and as a point of friction.

Division of rule-making power

• Union Government: it makes the Registration of Electors Rules, 1960 under Section 28, RP Act, 1950, after consulting the ECI [2]. The forms, including Form 6 for inclusion, are part of these Rules. Only the Centre can amend them [1].
• ECI: it prepares and revises rolls under Article 324 and the RP Act. The Supreme Court held that the SIR falls within its statutory mandate [3]. It also issues operational instructions: BLO house visits, draft rolls, claims and objections, and audits [3].
• Grey zone: the ECI made a declaration about mapping to the previous SIR roll mandatory in the online Form 6 across the country. In effect, a software field added an enrolment condition that the notified rules did not contain [1].

Implications for independence

Strengthening

• Rules framed under an Act of Parliament check administrative overreach. Election Commissioners flagged the declaration in May and August 2026, and the ECI then limited it to SIR States [1].
• Codified forms give legal certainty and allow judicial review, which protects the Commission's credibility.

Constraining

• Because it controls the Rules, the Executive can shape how rolls are managed, even though the ruling party competes in the elections the ECI conducts.
• Every procedural change needs Law Ministry notification. This causes delay and makes the ECI dependent on the government.
• Ad hoc fixes through press releases and unannounced changes to the web form [1] reduce transparency and feed the perception that the ECI lacks autonomy.

Way forward

• Keep any SIR declaration only by amending Form 6 under Section 28 [2].
• Check every online field against the notified Form 6 before launch.
• Make ECI consultation on roll-related rules meaningful and time-bound, and publish the reasons for each change.

The division is a deliberate check: the Centre makes the rules and the ECI runs the rolls. If consultation is genuine, notification is prompt and online systems follow the law, the Commission can be independent and accountable at the same time. That would uphold Article 326's promise of universal adult suffrage.