Transparency in the exercise of quasi-judicial/administrative discretion is a facet of natural justice. Discuss with reference to the Election Commission's classification of electors during SIR.
In this answer
Natural justice demands not only that a person be heard, but that they first be told the ground against them. Transparency is therefore intrinsic, not incidental, to administrative discretion — a principle sharply tested by the Election Commission's classification of electors during the Special Intensive Revision (SIR).
Why transparency is a facet of natural justice
- Audi alteram partem is hollow without disclosure: a hearing on an undisclosed ground is only half the rule.
- Section 22, RP Act 1950 permits deletion only after inquiry and a reasonable opportunity; Section 24 gives an appeal to the District Magistrate [1].
- The Supreme Court (27 May 2026), while upholding SIR under Article 324, held that "reasons to be recorded" is a substantive safeguard keeping seemingly untrammelled power open to judicial scrutiny [2].
- ECI's own orders bar deletion without a hearing and a speaking order, appealable to the DM and CEO [3].
Where SIR classification falls short
- In Delhi, 33,12,919 of 97,53,577 draft electors (33.96%) received notices — 13,79,785 for "no mapping", 19,33,134 for "logical discrepancies"; over 47 lakh names already stand deleted [4].
- A category is not a reason: a spelling error, a missing house number and a suspected ineligible entry sit inside one undefined label, leaving the voter unable to reply or appeal meaningfully.
- Migrants and tenants, whom door-to-door mapping systematically misses, bear the heaviest burden — and non-reply is read as ineligibility.
Corrective direction
- The Supreme Court (January 2026) directed the ECI to display names listed under "logical discrepancies" at panchayat and block offices in West Bengal, with facility to file documents locally [5] — a template for EPIC-searchable public disclosure.
- Nationally, roughly 6.56 crore names were removed from draft rolls across nine States and three UTs [6], making reasoned, published grounds indispensable.
Pure rolls and inclusive rolls are complementary, not rival, goals. Disclosing the precise ground, a fixed reply window and swift restoration of wrongly deleted names would convert ECI's existing safeguards into lived protection, fulfilling both Article 324's mandate and the constitutional promise of universal adult franchise.
Sources
- 1The Representation of the People Act, 1950 (Sections 22–24)hearing before deletion; appeal against ERO's order
- 2Supreme Court of India, judgment dated 27 May 2026, 2026 INSC 564SIR upheld under RP Act 1950 and Article 324; "reasons to be recorded" as substantive safeguard
- 3PIB, "ECI's Special Intensive Revision of Electoral Rolls Being Conducted in Phases with Multiple Safeguards to Protect Eligible Voters"no deletion without hearing and speaking order; appeal to DM and CEO
- 4The Hindu, "Plea flagging issues in Delhi SIR to get 'precedence' in SC", 18 September 2026Delhi draft roll figures, notice categories and deletions
- 5News on Air (Prasar Bharati), "SC directs ECI to display names of voters under logical discrepancies in West Bengal voter list", 19 January 2026judicial direction for public display of flagged names
- 6News on Air (Prasar Bharati), "Election Commission to conduct pan-India Special Intensive Revision of voter rolls"nationwide SIR rollout and scale of draft-roll deletions