Case Note & Summary
The Supreme Court adjudicated a batch of writ petitions under Article 32 of the Constitution of India challenging the Election Commission of India's Order dated 24.06.2025, which directed a Special Intensive Revision of electoral rolls in all assembly constituencies of Bihar. The petitioners, led by Association for Democratic Reforms, contended that the impugned order would arbitrarily disenfranchise lakhs of voters in Bihar, imperiling free and fair elections. Other petitions supported the SIR exercise, arguing it was necessary to curb inclusion of ineligible persons due to illegal influx. The Court traced the historical evolution of electoral rolls from ancient republican traditions in Bihar through colonial statutory frameworks under the Government of India Act, 1935, to the constitutional mandate of universal adult suffrage. The Constitution vested the Election Commission with plenary power under Article 324 to superintend, direct, and control elections, including preparation of electoral rolls. The impugned order recorded that the last intensive revision in Bihar occurred in 2003, and significant demographic changes over two decades warranted a fresh revision. The Commission decided to treat the 2003 electoral roll as probative evidence of eligibility, requiring any person not listed therein to produce prescribed government documents. The process involved house-to-house enumeration through an Enumeration Form, with a deadline of 25.07.2025 for submission, failing which names would be excluded from draft rolls. The order provided a list of eleven acceptable documents. After draft publication, Electoral Registration Officers were to scrutinise eligibility under Article 326 and Sections 16 and 19 of the Representation of the People Act, 1950, issue show-cause notices for proposed exclusions, allow responses, and pass reasoned orders. Aggrieved persons could appeal to the District Magistrate under Section 24(a) read with Rule 27 of the Registration of Electors Rules, 1960, and thereafter to the Chief Electoral Officer within thirty days under Section 24(b). The Court examined the constitutional validity of this SIR mechanism, emphasizing the need to balance inclusion of eligible citizens against the integrity of electoral rolls. The final decision and operative directions are not contained in the provided excerpt.
Headnote
A) Constitutional Law - Superintendence of Elections - Article 324 of Constitution of India, 1950 - The Election Commission has plenary power of superintendence, direction and control over elections, including preparation of electoral rolls. The court noted that this power ensures elections remain insulated from extraneous influence and guided solely by constitutional principles. Held that the Commission's power includes directing special intensive revision of rolls (Paras 6-7). B) Constitutional Law - Universal Adult Suffrage - Article 326 of Constitution of India, 1950 - The electoral roll must be accurate, inclusive, and legally valid to preserve the constitutional promise of universal adult franchise. The court considered the balance between inclusion of eligible citizens and exclusion of ineligible ones. Held that no eligible citizen should be excluded, and the roll must reflect true composition of the political community (Paras 5-7). C) Election Law - Preparation and Revision of Electoral Rolls - Representation of the People Act, 1950, Sections 21(3), 16, 19 - The Special Intensive Revision ordered by the Commission involved using the 2003 electoral roll as probative evidence, requiring production of documents for those not listed, and a process of scrutiny and appeal. The court examined the legality of the process. Held that the process includes safeguards like show-cause notices and appeals (Paras 10.1-10.6). D) Election Law - Exclusion of Voters - Representation of the People Act, 1950, Sections 16, 19 - The ERO/AERO are required to scrutinise eligibility, issue show-cause notice, allow response, and pass reasoned order before exclusion. Held that due process must be followed before excluding any voter (Para 10.4).
Issue of Consideration
Whether the Election Commission's Order dated 24.06.2025 directing Special Intensive Revision of electoral rolls in Bihar is arbitrary, unconstitutional, and violates the right to universal adult suffrage under Article 326 of the Constitution; whether the manner of revision, including the use of the 2003 electoral roll as probative evidence and the requirement of production of documents, is lawful.
Law Points
- superintendence of elections
- universal adult franchise
- preparation of electoral rolls
- purity of elections
- inclusion and exclusion of voters
- probative value of previous electoral rolls
- plenary power of Election Commission
- free and fair elections
