Discuss the role of the Supreme Court in ensuring the integrity and inclusiveness of electoral rolls without encroaching on the constitutional domain of the Election Commission.
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Article 324 gives the Election Commission of India (ECI) "superintendence, direction and control" over the preparation of electoral rolls [2]. The Supreme Court's role is therefore supervisory. It must ensure that clean-ups such as Special Intensive Revisions (SIR) do not become mass disenfranchisement, while leaving the exercise itself to the ECI.
Securing inclusiveness
- Transparency: in Bihar, the Court had the ECI share with parties, down to booth level, the list of about 65 lakh electors who had not submitted enumeration forms [4].
- Easier re-entry: the Court allowed claims to be filed with Aadhaar as well as the eleven listed documents. It also directed parties' Booth Level Agents to help voters file forms [4].
- Continuing oversight: in Keralam (October 2026), petitioners alleged that over 24 lakh names had been excluded. The Court made the ECI examine representations from left-out voters and report back [1].
Upholding integrity
- The Court has not stayed or quashed the SIRs. It accepts that removing dead, shifted and duplicate entries is legitimate, and the ECI's own bulletins track these categories [3].
Respecting the ECI's domain
- In Keralam, the Court declined a formal deadline extension. It called roll correction a "continuing process", meaning eligible voters can still enrol through regular claims [1].
- Timelines and design choices, such as at least three BLO house visits, belong to the ECI under Article 324 and the RPA 1950 [2]. If judges managed these details, the Court would end up writing the roll itself.
Limits of this approach
- Shifted burden: under SIR, the State goes to the voter [2]. Under the claims route, the voter must discover the deletion, gather proof and apply. This is hardest for migrants, the elderly and the Gulf diaspora.
- Thinner remedy: the 24 lakh figure is about 8.6% of Kerala's 2.78 crore electors [1][3]. Yet the Keralam order, as reported, does not include Bihar's published lists or booth-agent duties [1][4].
Way forward
- Booth-wise deletion lists that give the reason for each name removed.
- Aadhaar-based claims, as allowed in Bihar.
- Court review of the ECI's report by outcomes: claims received versus names restored.
The Court has thus acted as a sentinel of the franchise rather than a substitute for the ECI. Combining judicial restraint with Bihar-style safeguards would let roll purification and the promise of universal adult suffrage under Article 326 support each other.
Sources
- 1"SC declines plea to extend Keralam SIR deadline", The Hindu, Chennai edition, 31 Oct 2026, p. 14Keralam order: "continuing process", no formal extension, ECI to examine representations and report to SC; petitioner's claim of 24 lakh+ exclusions
- 2PIB: Special Intensive Revision (SIR) Phase-II begins in 9 States and 3 UTsSIR ordered under Article 324 and RPA 1950; BLOs to make at least three house visits
- 3PIB: SIR Phase II Daily Bulletin, 11 December 2025Kerala's 2,78,50,855 electors; digitised count includes absent/shifted/dead/duplicate entries
- 4Supreme Court of India, 2026 INSC 564 (Judgment dated 27 May 2026)recounts the Bihar SIR directions of 14.08.2025 (list of ~65 lakh shared with parties) and 22.08.2025 (Booth Level Agents to assist; Aadhaar or eleven documents)
Practice
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