ECI's Bihar electoral roll revision challenged for exceeding powers and violating legal provisions.
The Special Intensive Revision (SIR) of electoral rolls in Bihar by the Election Commission of India (ECI) faces legal challenges, with allegations of disenfranchisement. While Article 326 of the Constitution outlines adult suffrage based on citizenship and age, and the Representation of the People Act (RPA), 1950, specifies registration conditions, the SIR is deemed non-compliant. The ECI's chosen qualifying date (July 1, 2025) lacks legal sanction, as per RPA, it should be January 1, 2025. Furthermore, a special intensive revision for an entire state is not permitted, only for a constituency or part. The Supreme Court has clarified that ECI's "reservoir of power" under Article 324 is not unfettered and must conform to existing laws and natural justice, meaning electoral officers cannot summarily reject applications based on document deficiencies.
Key Points
- The ECI's Special Intensive Revision (SIR) in Bihar is legally challenged for not conforming to the Representation of the People Act (RPA), 1950.
- The qualifying date of July 1, 2025, specified by the ECI for the revision, lacks legal sanction, as the RPA mandates January 1, 2025.
- The ECI's power to order a special intensive revision is limited to a constituency or part thereof, not an entire state.
- The Supreme Court has established that the ECI's powers under Article 324 are not unfettered and must adhere to the rule of law and natural justice, including Rule 8 of the Registration of Electors Rules.
Exam Facts
- Article 326 of the Constitution deals with adult suffrage.
- The Representation of the People Act (RPA), 1950, lays down disqualifications and conditions for elector registration (Sections 19, 20, 21).
- Article 324 of the Constitution empowers the ECI for electoral tasks.
- The Supreme Court case Mohinder Singh Gill v. Chief Election Commissioner (1978) clarified ECI's powers.
- Rule 8 of the Registration of Electors Rules states information shall be furnished “to the best of ability”.
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