·The Hindu·15 marks·250–350 words

Evaluate the role of judicial oversight in ensuring procedural fairness in ECI's roll-revision exercises.

In this answer
  1. Where judicial oversight has strengthened fairness
  2. Limits of judicial oversight

The Election Commission's power to order an intensive revision of electoral rolls flows from Article 324 and Section 21 of the Representation of the People Act, 1950 [1]. Judicial oversight has not displaced this power, but it has increasingly shaped how it is exercised — making the courts a corrective, though not a substitute, for fair procedure.

Where judicial oversight has strengthened fairness

  • Procedural safeguards read into the process: hearing petitions on the West Bengal Special Intensive Revision (SIR), the Supreme Court allowed the exercise to continue but extended the document-scrutiny window by a week, protecting electors facing tight deadlines [2].
  • Institutionalising remedies: acting on the Court's order of 10 March 2026, the ECI constituted 19 Appellate Tribunals in West Bengal, headed by former High Court judges including ex-Chief Justice T.S. Sivagnanam, to decide inclusion-exclusion appeals [3].
  • Judicial personnel in verification: involving serving and former judges in scrutiny inserted an independent check into what was purely an administrative determination [3].
  • Legitimising, not obstructing: by upholding the ECI's revision power while regulating its method, courts have balanced roll purity against the elector's stake in Article 326 adult suffrage.

Limits of judicial oversight

  • Reactive and post-facto: relief arrives only after deletion, whereas Bihar's SIR corrected omissions within the claims-and-objections window through Form 6 before the final roll was published [4].
  • Capacity mismatch: a handful of tribunals cannot clear lakhs of appeals before polling day; a remedy decided after the vote is no remedy.
  • No substitute for transparency: courts cannot publish the criteria behind "logical discrepancy" flagging — only the ECI can, and its own stated commitment is to conduct SIR in phases with safeguards for eligible voters [5].

Judicial oversight has therefore been decisive in supplying due process that administrative design omitted, but it remains a second line of defence. With SIR Phase-II already underway in nine States and three UTs [6], the durable fix lies in the ECI internalising these safeguards — published criteria, retention of names until appeals are decided, and correction before finalisation — so that free and fair elections rest on institutional design rather than litigation.

Sources

  1. 1ECI to begin Special Intensive Revision of Electoral Rolls in Bihar, PIBlegal basis: Article 324, Section 21 RPA 1950; claims and objections through Forms 6/7/8
  2. 2SC directs SIR of electoral rolls in West Bengal to continue without hindrance, NewsOnAirCourt permitted SIR to continue while extending document scrutiny by a week
  3. 3ECI sets up 19 Appellate Tribunals in West Bengal for voter roll appeals, NewsOnAir19 tribunals headed by former High Court judges, constituted per the Supreme Court's 10 March 2026 order
  4. 4Special Intensive Revision (SIR) of Electoral Rolls in Bihar Successfully Completed, PIBomitted electors restored via Form 6 during the claims-and-objections stage before final publication
  5. 5ECI's Special Intensive Revision Being Conducted in Phases with Multiple Safeguards to Protect Eligible Voters, PIBECI's stated safeguards and phased conduct of SIR
  6. 6Special Intensive Revision (SIR) Phase-II begins in 9 States and 3 UTs, PIBongoing Phase-II coverage

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