Examine whether the Election Commission's power to revise electoral rolls can be reconciled with an individual's constitutional right to citizenship.

Q. Examine whether the Election Commission's power to revise electoral rolls can be reconciled with an individual's constitutional right to citizenship. (15 marks, 250-350 words)

The Election Commission's Special Intensive Revision (SIR) of electoral rolls has revived a basic question: can a body created to purify rolls sit in judgment over who is Indian? The Supreme Court's May 2026 Bihar SIR verdict shows the two powers are reconcilable, but only if kept in separate lanes.

The Commission's power rests on firm constitutional ground - Roll revision flows from Article 324 read with Section 21(3), Representation of the People Act, 1950, which permits special revision at any time for recorded reasons [1][3]. - In Association for Democratic Reforms v. ECI (2026 INSC 564, 27 May 2026), the Court unanimously upheld the Bihar SIR as constitutionally valid and proportionate, since roll integrity is foundational to free and fair elections [1]. - Periodic intensive revision is a settled ECI practice, not an innovation [4].

Yet the exercise brushes against citizenship itself - Citizenship is a status conferred by Part II of the Constitution and the Citizenship Act, 1955; only the competent authority under that Act may determine it [2]. - Documents such as passports or voter IDs are evidence of citizenship, not its source — treating them as conclusive inverts the legal position. - The burden of proof shifts to the individual, and the poor, migrants and women without legacy documents risk de facto disenfranchisement, as the Assam experience showed.

The reconciling principle: purpose-limited inquiry - The Court held the ECI may probe citizenship-linked facts only for inclusion or exclusion in the roll; deletion is not a declaration of non-citizenship [1]. - It accordingly directed that citizenship-flagged deletions be referred to the competent authority under the Citizenship Act, with adjudication completed before the next polls [1]. - Section 6A, inserted after the Assam Accord, illustrates the humane alternative of date-based deeming over document-only proof [2].

The two powers are therefore complementary, not competing: the ECI curates the roll, the Citizenship Act authority decides status. Institutionalising this separation — through notice, reasoned orders and appeal — will let electoral purity and constitutional personhood advance together.

(~320 words)

Sources: 1. Association for Democratic Reforms v. Election Commission of India, 2026 INSC 564 (27 May 2026) — SIR upheld under Article 324 and Section 21(3); ECI's citizenship inquiry limited to roll purposes; referral of flagged deletions 2. The Citizenship Act, 1955 (Act No. 57 of 1955), India Code — citizenship as statutory status; competent authority; Section 6A Assam provision 3. The Representation of the People Act, 1950 (Act No. 43 of 1950), India Code — Section 21 power of preparation and special revision of electoral rolls 4. Election Commission of India — Special Revisions of Electoral Rolls — periodic intensive/summary revision as established ECI practice