SC on Special Intensive Revision (SIR): Any Transparent Process Can Be Adopted

Context:

• The Supreme Court of India is examining the Election Commission of India’s (ECI) powers and procedures related to the Special Summary/Intensive Revision (SIR/SSR) of electoral rolls.

• The case raises crucial questions on electoral integrity, statutory limits, transparency, and voter rights, with arguments to continue on December 2.

Key Highlights:

Judicial Observations on Procedure

• The Supreme Court observed that if a statute does not prescribe a specific procedure, then any fair, reasonable, and transparent process can be adopted by the authority concerned.

• However, such procedures must remain within the framework of the parent legislation.

Challenge to Election Commission’s Powers

• People’s Union for Civil Liberties (PUCL) and several political parties questioned the EC’s authority to conduct large-scale SIR, especially when it affects crores of voters in a State.

• The argument was that SIR should be limited to individual cases or smaller groups, not blanket exercises without clear statutory backing.

Statutory Concerns under RP Act, 1950

• The Representation of the People Act, 1950 prescribes specific forms and procedures for updating electoral rolls.

• Petitioners argued that the EC’s use of new or modified formats may amount to substantive changes disguised as procedural rules, which would require Parliamentary legislation under Article 327.

Selective Application and Equality Issues

• The Court questioned whether the EC could apply SIR selectively to only certain constituencies when the reasons for revision are common across the State.

• Such selective application could raise concerns of discrimination and violation of equality principles.

Aadhaar and Voter Verification

• The Court clarified that Aadhaar may be relied upon for age and residence verification.

• However, Aadhaar cannot be used to determine citizenship, as per the RP Act, 1950.

Relevant Prelims Points:

• Issue: Scope and legality of Special Summary/Intensive Revision (SIR/SSR) of electoral rolls.

• Causes: Concerns over electoral roll accuracy, inclusion–exclusion errors, and procedural transparency.

• Constitutional & Legal Provisions:

  • Article 324 – Powers of the Election Commission

  • Article 327 – Parliament’s power to legislate on elections

  • Representation of the People Act, 1950 – Electoral roll preparation and revision

• Key Clarification: Aadhaar valid for identity attributes, not citizenship proof.

• Impact: Direct implications for free and fair elections and voter confidence.

Relevant Mains Points:

• Key Concepts:

  • Special Intensive/Summary Revision (SIR/SSR): Updating electoral rolls before elections

  • Procedural vs Substantive Law: Limits of delegated authority

• Polity Dimension (GS II):

  • Balance between EC autonomy and statutory control

  • Role of Parliament under Article 327

• Governance Dimension:

  • Transparency, non-discrimination, and due process in electoral administration

• Judicial Perspective:

  • Administrative flexibility is permissible only when not arbitrary or ultra vires

• Way Forward:

  • Clear statutory guidelines for large-scale revisions

  • Uniform application of revision processes

  • Enhanced transparency and public disclosure

  • Safeguards against wrongful exclusion of voters

UPSC Relevance (GS-wise):

• GS II: Polity, Elections, Constitutional bodies, Governance

• Prelims: RP Act, Article 327, electoral roll revision concepts