GS2 – Polity
Context
The Supreme Court has permitted the Election Commission of India (ECI) to proceed with the Special Intensive Revision (SIR) of Bihar’s electoral rolls. This decision referred to a 1977 SC ruling which upheld the ECI’s powers to uphold free and fair elections.
Legal Challenge and Key Concerns
- Petitions were filed questioning the ECI’s authority to carry out SIR and its procedural choices.
- One major concern was that the SIR process, in some cases, shifted the responsibility of proving citizenship onto individual voters.
- Another point of contention was the use of a new enumeration form not prescribed under the Representation of the People Act, 1951.
Understanding Special Intensive Revision (SIR)
- What is an Electoral Roll?
- It is the official list of eligible voters within a specific jurisdiction.
- In India, voter registration and inclusion on the roll are mandatory to vote.
- Authorities Responsible
- The ECI, State Chief Electoral Officers, and respective State Election Commissions manage electoral rolls.
Types of Electoral Roll Revisions
- Intensive Revision
- Conducted via a full house-to-house enumeration when existing rolls are outdated or need complete rework.
- Usually undertaken before major elections or after major administrative exercises like delimitation.
- Summary Revision
- A routine annual update where the draft roll is published and citizens can seek inclusion, correction, or deletion.
- No house visits are made.
- Special Revision
- Triggered by exceptional circumstances such as missed regions, legal disputes, or major errors.
- Under Section 21(3) of the Representation of the People Act, 1950, the ECI has the discretion to use intensive, summary, or mixed methods.
- Special Intensive Revision (SIR)
- Indicates the use of ECI’s discretionary powers under Section 21(3) to revise electoral rolls “in such manner as it thinks fit.”
Judicial Precedent – Mohinder Singh Gill v. Chief Election Commissioner (1977)
- The SC held that when legislation under Articles 327 and 328 is silent, the ECI must act independently to ensure the integrity of the election process.
- The ECI can take proactive steps such as ordering re-polls if election fairness is compromised.
- While procedural fairness (natural justice) remains important, it must be applied with flexibility in electoral matters.
- Though ECI decisions are subject to judicial review, such review typically occurs after the electoral process is completed.