The Special Intensive Revision Verdict: How Far Does the Election Commission's Power Over Electoral Rolls Run?
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Article summary
A Supreme Court bench led by Chief Justice Surya Kant has dismissed petitions challenging the Special Intensive Revision (SIR) of electoral rolls in Tamil Nadu, holding that the questions raised were already settled by the Court's earlier verdict on the analogous Bihar SIR petitions. The ruling reaffirms the Election Commission of India's authority to order a house-to-house intensive revision of the electoral roll — a power that flows from Article 324 of the Constitution read with the Representation of the People Act, 1950 and the Registration of Electors Rules, 1960. The petitioners had argued that an intensive revision, by requiring fresh documentary proof from existing electors, risks the wrongful deletion of genuine voters and effectively shifts the burden of proving eligibility onto the citizen. The Court, while upholding the EC's power, has in the Bihar line of cases directed that the process be conducted transparently, with wide publicity, acceptance of common identity documents, and a robust claims-and-objections and appeals mechanism. For UPSC aspirants, the case is a compact study of the constitutional status of the Election Commission, the distinction between a summary and an intensive revision of rolls, and the delicate balance between electoral purity and universal adult franchise.
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Sample questions — answers revealed after test
Q1. With reference to the legal framework governing electoral rolls in India, which one of the following statements is correct?
Q2. A Special Intensive Revision requires existing electors to have their entries re-verified through a fresh house-to-house enumeration by Booth Level Officers. Which one of the following best identifies the principal constitutional concern this raises?
Q3. Consider the following statements regarding the Election Commission of India: 1. In Mohinder Singh Gill v. Chief Election Commissioner (1978), the Supreme Court held that Article 324 is a reservoir of power enabling the Commission to act in situations unprovided for by statute, to be exercised fairly and in aid of the statutory scheme. 2. The determination of whether a person is a citizen of India falls under the Citizenship Act, 1955 and the Union government, and not within the mandate of the Election Commission. 3. The Chief Election Commissioner and the Election Commissioners hold office for a term of five years or until attaining the age of 62 years, whichever is earlier. Which of the statements given above are correct?