The main election commissioner Gyanesh Kumar is lined with election commissioners Sukhbir Singh Sandhu (left) and Vivek Joshi. Photo: x@ecisveep over PTI
TThe Indian Election Commission (ECI) ordered a special intensive revision (Sir) of electoral roles in Bihar, which will face the elections to the assembly in November. Political parties in opposition claimed that Sir is aimed at eliminating thousands of Bihar voters by disqualifying them because they are not citizens of India. ECI denied this accusation and justified the revision. Meanwhile, many petitions were filed with the Supreme Court, which questioned the command of ECI. While the controversy focuses on the motive of this exercise, which is performed just a few months before the elections, especially when election roles were revised in 2024, this article focuses on the legality of this exercise and the powers of the ECI to do.
Reasons for disqualification
Article 326 of the Constitution declares that the elections for Lok Sabha and the Assembly will be held on the basis of an adult election procedure. This means that every adult is entitled to be a voter provided that he is not disqualified for certain specific reasons. According to this article, there are two basic qualifications that they are a voter: a person should be a citizen of India and should be aged at least 18 years. Representation of the Act on People (RPA), 1950, provides for disqualification for registration as a voter. It is specifically an unhealthy mind, as declared by the competent court, and the vote disqualification, as set out in section 11a RPA from 1951. The term “ordinary resident” is explained in section 20, which says that a person is not considered a normally resident just because his own or own dwelling in this election district. The person also continues to be a normally resident if he is temporarily left from his ordinary place of residence.
ECI enjoys enormous powers in connection with the preparation of election roles and the leadership of elections to parliament, the state legislator and authorities of the President and Vice President. Article 324 of the Constitution, which emphasizes ECI to carry out these tasks, is characterized by the Supreme Court as a “reservoir of power”. Since the behavior of free and righteous elections is a necessary feature of the basic structure of the Constitution, all necessary powers must be entrusted to complete their task.
However, it is unimaginable that the Constitution should grant any powers to any powers. The Supreme Court explained that ECI could exercise all powers at its discretion in areas that are not subject to any status, but will act in accordance with the law anywhere. In Mohinder Singh Gill v. Chief Election Commissioner (1978) the Court of Justice stated the law as follows: “First, when parliament or any state legislature has made a valid right concerning or in connection with the elections, it is in accord promoting that it is promoted and ‘
Qualifying date
Let’s look at the relevant provisions of the RPA to get a view of the authority of ECI in terms of revision of electoral roles. Section 21 RPA from 1950 deals with the preparation and revision of electoral roles. Talk about four phases of revisions: (1) before the elections to Lok Sabha or the assembly; (2) before each choice; (3) in the direction of ECI in any year; and (4) Special revision for the constituency or part of the constituency with the reasons for recording ECI. All revisions except (4) are carried out with reference to the date of qualification, which is according to Section 14 on January. The only exception is (4): no qualification date is given because it can be done at any time.
The ECI command of 24 June mentions the date of qualification as 01/07/2025 and is in the direction of § 21 para. B) RPA. It can be assumed that revisions carried out in Bihar are in the same part. However, according to this provision, the date of qualification should be 01/01/2025. The revision was to be carried out from 1 January 2025. The date of qualifications referred to in the ECI order has no sanction under the law. Similarly, there is no term “special intensive revision” in the law. The only case where ECI can order a special revision at any time is in relation to the election district or its part and not in relation to the whole state.
It is therefore reasonable to conclude that Sir in Bihar is not in line with the provisions of RPA. In its order, ECI claimed that it had the power according to Section 21 to perform an exercise. True, but this power is limited to the constituency or part of it under Section 21 (3) of the Act.
Although ECI is used by huge powers under Article 324, it is responsible for the rule of law and should be accessible to the norms of natural justice according to the Supreme Court. Officials for registration of election registrations cannot summarize the application summary because reliable documents are not equipped to prove citizenship. Rule 8 of the registration of voters rules clearly states that the information will be provided to the “to the best abilities” of citizens. ECI cannot ignore this statutory provision.
Published – 9 July 2025 01:32 IS
