Examine the constitutional and statutory basis for the Election Commission's power to revise electoral rolls. Discuss the concerns raised by large-scale deletions during Special Intensive Revision exercises.
A clean electoral roll is the foundation of universal adult franchise under Article 326. The Special Intensive Revision (SIR) rests on firm constitutional and statutory authority, yet its scale — over 73 lakh names deleted in the Telangana draft roll — makes procedural safeguards, not power, the real question.
Constitutional basis
- Article 324(1) vests the superintendence, direction and control of the preparation of electoral rolls and the conduct of elections in the ECI [1].
- This is a plenary, residuary power: where law is silent, the ECI may act to secure free and fair polls.
- In 2026 the Supreme Court upheld SIR as constitutionally valid, holding that Article 324 is "not a dead letter", while limiting the ECI to deciding eligibility, not citizenship [4].
Statutory basis
- Representation of the People Act, 1950: Section 21(3) permits special revision of rolls at any time for recorded reasons; Sections 13A–13B create the CEO–ERO machinery; Sections 22–23 govern correction, deletion and inclusion of entries [2].
- Registration of Electors Rules, 1960 prescribe draft publication, claims and objections, and hearing before deletion [3].
Concerns arising from large-scale deletions
- Scale and error risk: Telangana's draft SIR removed 73.39 lakh electors (~21.7%) under the Absent–Shifted–Dead–Duplicate heads [5].
- Disenfranchisement of the mobile poor: "permanently shifted" alone accounted for 45.18 lakh deletions, hitting migrants, tenants and urban informal workers hardest [5]; urban districts like Hyderabad showed the steepest removals.
- Due process: deletion is quasi-judicial — the ECI mandates notice, inquiry, hearing and appeal to the DEO/CEO before any name is struck off [3]; compressed timelines strain this.
- Capacity and transparency: overburdened BLOs, uncollected enumeration forms and opaque flagging criteria fuel political distrust.
Thus the ECI's authority is unquestioned; its legitimacy now depends on execution. Extended claims-and-objections windows, published constituency-wise deletion reasons, portable registration for migrants and independent audit of BLO verification can reconcile "purity of rolls" with the right to vote — realising the Article 324 mandate in substance, not merely in form.
Sources
- 1The Constitution of India, Article 324 — Ministry of Law and JusticeECI's superintendence over preparation of electoral rolls
- 2Representation of the People Act, 1950 — India CodeSection 21(3) special revision; ERO/CEO machinery; correction and deletion of entries
- 3ECI's SIR of Electoral Rolls Being Conducted in Phases with Multiple Safeguards, PIBdraft publication, claims/objections, notice-inquiry-hearing and appeal before deletion
- 4Supreme Court of India — Judgements (SIR verdict, May 2026)SIR upheld under Article 324 and Section 21(3); ECI decides eligibility, not citizenship
- 5Chief Electoral Officer, Telangana — SIR Draft Electoral Rolls 202673.39 lakh deletions (~21.7%), including 45.18 lakh "permanently shifted"