Constitutional basis (Article 324)
• The Election Commission has plenary powers to supervise, direct and control elections, including preparation and revision of electoral rolls.
• These powers are not absolute and must follow law and constitutional principles.
Statutory powers under the Representation of the People Act, 1950
• Section 21(3): Empowers the EC to order a special revision of electoral rolls at any time.
• Supreme Court clarified that Section 21(3) does not free the EC from procedure; reasons must be recorded and the process must be fair.
Registration of Electors Rules, 1960
• Framed under Section 28 of the RPA, 1950.
• Prescribe mandatory procedure for preparation and revision of electoral rolls.
• Must be followed even during Special Intensive Revision (SIR).
Supreme Court judgment (key holding)
• EC’s discretion during SIR is regulated, not untrammelled.
• Any deviation violates:
• Principles of natural justice
• Article 14 (equality before law)
• Since roll revision affects an existing voter’s civil rights, transparency and procedural compliance are essential.
