Discuss the scope of the Election Commission's powers under Article 324 over preparing and revising electoral rolls. How far are these powers subject to judicial review?

Article 324 gives the Election Commission of India (ECI) the "superintendence, direction and control" of electoral rolls. Bihar's 2025 Special Intensive Revision (SIR) was the first there since 2003 [2]. It was tested in ADR v. ECI (2026 INSC 564) [3], which showed that the ECI's power over the roll is wide but can still be reviewed by the courts.

Scope of the ECI's powers over rolls

• Source of power: Article 324 read with Section 21, RP Act 1950 allows a special revision at any time. The Bihar SIR relied on both, with 1 July 2025 as the qualifying date [1].
• Filling gaps in the law: The Supreme Court held in Mohinder Singh Gill (1978) that where Parliament's law is silent, Article 324 lets the ECI act on its own. It cannot, however, override the law.
• Enforcing eligibility: Article 326 and Section 16, RP Act 1950 allow only citizens aged 18 or above on the roll. So the ECI may make a limited, prima facie citizenship enquiry [3].
• Administrative discretion: The ECI chooses which documents to accept. The Court found its list rested on "intelligible criteria" [3].
• Scale: The final Bihar roll has about 7.42 crore electors [1].

Extent of judicial review

• Reviewable: Article 329(b) stops courts from interrupting the conduct of elections. Revising the roll, however, remains "amenable to judicial review" [3].
• Proportionality test: The Court checked for a legal basis, a rational nexus to the goal and whether the measures were not manifestly excessive, then upheld the SIR [3].
• Procedural fairness: Notice and hearing under Rule 21A, 1960 Rules must be "preserved in substance" [3].
• Citizenship is decided elsewhere: The ECI's view is not final. It must refer doubtful cases within 4 weeks to the Competent Authority under the Citizenship Act, 1955. That authority should decide preferably before the next election [3].
• Presumption for existing voters: A name already on the roll is presumed valid, but this can be rebutted. The Court held that Lal Babu Hussein covers only individual disputes, not a system-wide revision [3].
• Correction during the exercise: Aadhaar was added to the accepted documents by the Court's order of 8 September 2025. Voters wrongly deleted as dead, shifted or duplicate can seek judicial review [3].
• Deference: Courts review how lawful and fair the process is, not whether the policy is wise.

In short, Article 324 gives the ECI broad power over when and how rolls are revised, within limits set by statute, citizenship law and fair procedure. Future SIRs should include the Bihar safeguards from day one: Aadhaar, reasoned deletions and time-bound citizenship referrals. This would meet the ECI's own motto, "no eligible voter to be left out" [1], and strengthen universal adult franchise under Article 326.