The ECI does not have unfettered powers” by P.D.T. Achary (former Secretary General of the Lok Sabha)

The Election Commission of India (ECI) has ordered a Special Intensive Revision (SIR) of the electoral rolls in Bihar, ahead of the upcoming Assembly elections in November 2025.
The move has drawn criticism and legal challenges over its legality and timing.
This article examines the constitutional and legal boundaries of the ECI’s powers.

Article 324: Vests the superintendence, direction, and control of elections in the ECI.
Article 326: Guarantees universal adult suffrage for all Indian citizens aged 18 and above unless disqualified by law.

Provision	Content
RPA 1950 – Section 21	Deals with preparation and revision of electoral rolls. Includes: 1) Regular annual revision 2) Revision before general/by-elections 3) Special revision for constituency or part thereof (not entire state)
RPA 1950 – Section 14	Qualifying date for inclusion in the roll is January 1 of the relevant year.
RPA 1950 – Section 19 & 20	Criteria: Minimum age of 18 + ordinary residence in constituency.
Rule 8 of Registration of Electors Rules, 1960	Citizens must provide information “to the best of their ability”; strict documentation cannot be insisted upon.

Questionable Legal Standing:
- The ECI order sets 01/07/2025 as the qualifying date, which lacks statutory basis (violates Section 14).
- The term “Special Intensive Revision” does not exist in the RPA, 1950.
Scope of Revision:
- Section 21(3) allows special revision only for a constituency or part, not the entire state as being done in Bihar.
Violation of Natural Justice:
- Allegations that people are being removed without proper verification or appeals.
- Risk of disenfranchisement of marginalized communities, including migrants and minorities.
Supreme Court Jurisprudence:
- In Mohinder Singh Gill vs CEC (1978): ECI must act within the framework of existing laws where applicable. Article 324 fills only legislative gaps — not a license for arbitrary action.

Positive Potential	Legal/Constitutional Challenges
– Cleaning up voter rolls – Ensuring only genuine voters participate	– Could undermine voter rights – Allegations of motivated disenfranchisement – ECI’s neutrality under question

Adhere to Legal Mandates:
- Follow Section 21 strictly and ensure qualifying dates align with the law.
Transparency & Due Process:
- Ensure voters are informed, consulted, and given hearing before deletion.
Strengthen Oversight:
- Supreme Court or an independent Election Tribunal should oversee controversial electoral roll revisions.
Reinforce ECI Independence:
- Current demand for collegium-based appointments (as done for CEC recently) should extend to Election Commissioners as well.
Improve Voter Registration Technology:
- Use Aadhaar linkages (voluntary), GIS data, and door-to-door campaigns to ensure robust and inclusive voter rolls.

Important Links