How far does the Election Commission's power under Article 324 extend to prescribing eligibility conditions not expressly provided in statute? Discuss with recent judicial developments.

Article 324 gives the Election Commission of India (ECI) "superintendence, direction and control" of electoral rolls. Who is eligible to vote is set by Article 326 and Section 16 of the Representation of the People Act (RPA), 1950 [2]. Recent judgments show that the ECI may decide how eligibility is proved, but it cannot add new conditions of eligibility.

Where the power extends

• Proof can be demanded of new applicants: Lal Babu Hussein (1995) allowed the Electoral Registration Officer (ERO) to ask a person seeking inclusion for evidence of citizenship. Existing entries were presumed to be properly verified [3].
• Roll revision: The 27 May 2026 judgment (2026 INSC 564) traced the Special Intensive Revision (SIR) to Section 21(3) RPA read with Article 324 and found it proportionate [2].
• Document lists: The Court upheld the prescribed documents as resting on intelligible criteria. It also rejected the voter ID card (EPIC) as self-validating proof [2].

Where the power stops

• Limited citizenship enquiry: The ECI may only make a "limited enquiry" for roll purposes. Doubtful cases go to the competent authority under the Citizenship Act, 1955, which must decide before the next election [2].
• Statutory boundaries: Under Section 23(4) RPA, Aadhaar proves identity, not citizenship. The ECI cannot give a document more weight than the statute allows [2].
• Process safeguards: Documents were upheld as "not the sole determinant". They sit within notice, hearing and adjudication under the Registration of Electors Rules, 1960 [2][4].

The live test: the new Form 6

• In July, Form 6 (used to enrol new voters) began requiring ancestry details or linkage to earlier SIR rolls on ECINet. On 12 October 2026 the Supreme Court said it had "neither approved nor disapproved" the new form and would now examine it [1].
• Why it matters: Ancestry is not a condition listed in Section 16. Form 6 also carries most of the volume: 21.53 lakh people were added through it in Bihar, against 3.66 lakh deletions [5].
• Legal route: Whether the Rules were formally amended is unclear. A change made only on the form or the portal is open to the charge of exceeding the ECI's delegated power [1][4].

Overall, Article 324 lets the ECI fill gaps in procedure, but it cannot expand eligibility beyond what Parliament has laid down. Ancestry or past-roll linkage should be one optional route, alongside the applicant's own documents and a hearing before any refusal. Changes should also be formally written into the 1960 Rules. This would protect both the integrity of the rolls and the promise of universal adult franchise under Article 326.