Discuss the scope of the Election Commission's plenary powers under Article 324 in matters of electoral roll revision. Where does judicial review stand?

Article 324 vests in the Election Commission of India (ECI) the "superintendence, direction and control" of preparing electoral rolls. The Special Intensive Revision (SIR) shows this power is wide but bounded, and courts patrol the boundary.

Scope of the ECI's powers over rolls

• Plenary but residuary: Article 324 is a reservoir of power where law is silent; the ECI may supplement, not supplant, statute and must act fairly (Mohinder Singh Gill, 1978) [2].
• Statutory anchor: Sec. 21(3), RP Act 1950 allows a special revision at any time [1]; in May 2026 the SC traced the SIR to Sec. 21(3) read with Article 324 and found it proportionate [3].
• Administrative discretion: choosing accepted documents (e.g., excluding EPIC as proof) is within the ECI's mandate [3].
• Citizenship check: Sec. 16 makes citizenship a condition of enrolment, so the ECI may make a limited enquiry, but cannot adjudicate citizenship [3].
• Scale: Bihar's electorate fell from 7.89 crore (June 2025) to about 7.42 crore on the final roll [4].

Where judicial review stands

• Narrow Art. 329(b) bar: it bars questioning an election except by election petition, not roll revision; the SC held the SIR "amenable to judicial review" [3].
• Tests applied: conformity with the RP Act and 1960 Rules, proportionality, and notice-and-hearing under Rule 21A [3].
• Procedural correctives: the Court had the ~65 lakh names missing from the draft roll published with reasons, and Aadhaar accepted as a document [3].
• Limits on deletion: citizenship-based deletions go to the authority under the Citizenship Act, 1955; voters wrongly deleted as absent or shifted may seek judicial review [3].
• Live test: in Delhi, the SC will intervene where deleted voters are allegedly made to re-enrol as fresh applicants declaring they never voted [5], a false declaration punishable under Sec. 31, RP Act 1950 [1].

Article 324 thus gives the ECI real power to purify rolls, while judicial review ensures purification does not become disenfranchisement. The way forward is a simple restoration form, written notice before any "absent" deletion, and published reasons as standard practice. An inclusive roll is the precondition for the universal adult franchise promised by Article 326.