"Legality does not automatically confer fairness." Discuss this statement in the context of the Election Commission's Special Intensive Revision of electoral rolls.
Legality asks whether an action is authorised by law; fairness asks whether that authority is exercised with due process, notice and empathy. The Election Commission's Special Intensive Revision (SIR) of electoral rolls shows how sharply the two can diverge.
SIR stands on firm legal ground
- Statutory mandate: Section 21(3) of the Representation of the People Act, 1950 empowers the ECI to order a special revision of rolls, reinforced by its Article 324 superintendence of elections [1][2].
- Judicial validation: In ADR v. Election Commission of India (2026 INSC 564), the Supreme Court upheld SIR as consistent with the RP Act and the 1960 Rules, and as proportionate and directed at free and fair elections [1].
- Procedural design: enumeration forms, house-to-house verification by Booth Level Officers, publication of draft rolls and a claims-and-objections window before finalisation [3].
- Legitimate purpose: removing deceased, duplicate and shifted entries protects the integrity of "one person, one vote".
Yet fairness concerns persist
- Scale of exclusion: over 13 crore names deleted from draft rolls nationwide, with Delhi losing roughly a third of its draft roll [4].
- Inverted burden: the onus of proving eligibility shifts to the elector, and the poor, migrants and marginalised groups are least document-ready.
- Thin natural justice: compressed timelines, uneven BLO capacity and weak individual notice dilute the right to be heard before deletion.
- Democratic cost: former Election Commissioner Ashok Lavasa warned of institutions acting as though "might is right", deepening disenchantment when about 33% of electors already abstain [4].
Bridging the gap: mandatory reasoned notice before any deletion, longer claims periods, transparent state-wise disclosure of deletion grounds, assisted-documentation and migrant camps, and independent social audit of BLO work.
A clean roll and an inclusive roll are complementary, not competing, goals. Legal authority sets the floor; procedural fairness earns legitimacy. If the ECI pairs its statutory power with visible due process, SIR can strengthen rather than strain the constitutional promise of universal adult franchise under Article 326.
Sources
- 1Association for Democratic Reforms v. Election Commission of India, 2026 INSC 564 (Supreme Court, 27 May 2026)SIR traced to Section 21(3), RPA 1950 read with Article 324; held proportionate and legally valid
- 2The Representation of the People Act, 1950 — India Codestatutory framework for preparation and special revision of electoral rolls
- 3ECI Revises Schedule for Special Intensive Revision (SIR) of Electoral Rolls, PIBBLO house-to-house enumeration, draft roll publication, claims and objections period
- 4SIR may be legal but is not fair: former Election Commissioner, The Hindu (4 September 2026)13 crore deletions, Delhi's share, Lavasa's "might is right" critique and the 33% non-voting figure