The Supreme Court's 2026 ruling on the Special Intensive Revision reaffirmed the ECI's plenary powers under Article 324. Critically examine whether adequate safeguards exist against disenfranchisement.

In ADR v. ECI (2026), the Supreme Court traced the Special Intensive Revision (SIR) to Article 324 read with Section 21(3), RP Act, 1950, and found it proportionate [1]. Yet Bihar's draft roll had about 65 lakh fewer names than before [2]. Safeguards exist on paper; their delivery on the ground is uneven.

Safeguards that exist

• Hearing before deletion: no name dropped from the draft roll without a hearing and written order, appealable to the DM and Chief Electoral Officer [2].
• Claims-and-objections window: in Bihar, 21.53 lakh eligible electors were added via Form 6 before the final roll [3].
• Limited citizenship enquiry: deletion is not a declaration of non-citizenship [1].
• Referral and restoration: citizenship-based deletions go to the Citizenship Act, 1955 authority within 4 weeks; names return if citizenship is upheld [1].
• Judicial review for those wrongly deleted as absent, dead, shifted or duplicate; Aadhaar added to accepted documents by court order [1].

Gaps that remain

• Field-level discretion: "permanently shifted" was the largest deletion category [2], resting on BLO visits; a seasonal migrant looks identical to one who moved for good.
• Burden on the voter: a roll entry is only a rebuttable presumption [1]; migrants, the poor and women who moved after marriage often lack old papers.
• Soft timelines: citizenship decisions are due only "preferably" before the next poll [1]; appeals have no fixed outer limit, and restoration after polling day is no remedy.
• Audit gap: no statutory body checks outcomes; a lawyers' body (LAFC) has formed an ex-judges' panel, without legal force, to study SIR's aftermath [4].

Way forward

• Booth-wise publication of deletions with reasons.
• Recorded second visit or notice before any "absent" deletion.
• Fixed pre-election deadlines for appeals; public data on citizenship referrals.
• A statutory inquiry under the Commissions of Inquiry Act, 1952 if wrongful exclusion is proven.

The 2026 ruling built a sound legal scaffold of hearing, appeal, referral and review, but its adequacy hinges on enforcement. Time-bound appeals, transparent data and independent audit would let the ECI pursue roll purity without diluting universal adult suffrage under Article 326, keeping SIR true to free and fair elections.