Discuss the scope and limits of the Election Commission's power under Section 21(3) of the RPA, 1950 to order special revisions of electoral rolls.

Article 324 places the preparation of electoral rolls under the ECI's superintendence, direction and control [2]. Section 21(3) of the Representation of the People Act, 1950 puts this into practice. It lets the ECI order a special revision of the roll for any constituency, or part of one, "at any time, for reasons to be recorded" [1]. The power is wide, but statute and natural justice limit it.

Scope of the power

• Overrides other provisions, usable at any time: Section 21(3) opens with a non-obstante clause. It is not tied to the mandatory revision before each general election or bye-election [1][2].
• Flexible reach: It can cover any constituency or part of one, "in such manner as it may think fit." This allows targeted re-verification instead of state-wide exercises [2].
• Corrective tool: The annual summary revision only changes entries when someone files a claim or objection [3]. A special revision lets the ECI re-check rolls that look unreliable. Example: Assam's separate revision for newly delimited constituencies in 2023 [4].
• Continuity: The existing roll stays in force until the special revision is complete, so elections are not stalled [1].

Limits on the power

• Recorded reasons: This is the only express check. It makes the order open to court review, but the Act sets no standard for how strong the reasons must be [1].
• Eligibility cannot be changed: The revision cannot alter who qualifies to vote. The tests stay the same: 18 years on the qualifying date, ordinary residence, and no disqualification under Section 16 [1][2].
• Natural justice on deletion: The proviso to Section 22 requires a reasonable opportunity of being heard. In Lal Babu Hussein v. ERO (1995), the Supreme Court described this as the principle of natural justice [2]. The ECI's own procedure also bars deletion without notice and a hearing [3].
• Appeals: Under Section 24, an ERO's orders can be appealed to the District Magistrate and then to the CEO [1].
• Freeze during elections: Section 23(3) bars changes to the roll after the last date for nominations [1][3]. A special revision therefore cannot reshape rolls in the middle of an election.
• Practical limit: A full re-check moves the burden of proof onto every voter. Migrants who struggle to prove residence are hit hardest.

Section 21(3) is a necessary reserve power for clean rolls, kept in check by recorded reasons, fixed eligibility rules and the right to a hearing. Going forward, the ECI should use it only on clear triggers such as delimitation or documented anomalies. It should publish its reasons and booth-wise deletion data. For routine clean-up, it should rely on Section 22 corrections with hearings. This balances accurate rolls with inclusion, in line with universal adult franchise under Article 326 [2].