ECI cannot act with Unfettered Authority in Special Voter Roll Revisions, says SC

The Supreme Court has cautioned that the Election Commission of India (ECI) does not enjoy unchecked authority while conducting Special Intensive Revisions (SIR) of electoral rolls, observing that any such exercise must remain anchored in constitutional principles and natural justice. The remarks came during hearings on challenges to SIR processes across several States, with the Court underlining that voter roll revisions directly impact civil and democratic rights.

The dispute centres on the scope of the ECI’s powers under Section 21(3) of the Representation of the People Act, 1950, which allows the Commission to order a special revision of electoral rolls “in such manner as it may think fit.” Petitioners questioned whether this discretion permits deviation from the established statutory framework, particularly the Registration of Electors Rules, 1960 and Form 6, which prescribe documents and procedures for inclusion or objections. The ECI defended its position, arguing that Section 21(3) is an independent power enabling flexibility in exceptional circumstances, even if that entails prescribing a different set of documents or procedures.

A Bench led by Chief Justice of India Surya Kant, with Justice Joymalya Bagchi, made it clear that statutory discretion cannot translate into unfettered power. The Court observed that “no power can be untrammelled, no power can be completely unregulated,” stressing that even where the law grants flexibility, the process adopted must conform to fairness, transparency, and equality.

The Bench noted that while Section 21(3) does not use the word “prescribed,” the phrase “in such manner” still demands adherence to constitutional safeguards and principles of natural justice. Emphasising the serious consequences of voter list revisions, the Court indicated that any SIR impacting electoral rights must meet standards no less rigorous than ordinary roll revisions.

The matter has been posted for further hearing.