EC discretion during SIR is not unregulated power: SC, Pg1

Key Highlights:

• The Supreme Court stated that the Election Commission (EC) has wide discretion but cannot act in breach of natural justice during Special Intensive Revision (SIR) of electoral rolls.
• The court questioned the EC on the transparency of its procedures during the SIR exercise.
• The EC argued that Section 21(3) of the Representation of the People Act, 1950, gives it residuary power for special revisions.
• The court highlighted that the EC's deviations must adhere to Article 14, ensuring equality before the law and voter ease.

Detailed Insights:

• The Special Intensive Revision (SIR) involves revising electoral rolls, potentially impacting the civil rights of existing voters.
• Section 21(3) of the Representation of the People Act, 1950 allows the EC to direct a special revision of the electoral roll as it deems fit.
• The court questioned the EC's authority to increase or eliminate prescribed documents for Form 6 during the SIR.
• Rule 25(2) of the Registration of Electors Rules, 1960 mandates that intensive revision includes preparing a fresh roll as per Rules 4 to 23.
• The EC's counsel argued that Section 21(3) allows the EC to go beyond prescribed limits for revising electoral rolls if the procedure is fair and reasons are recorded.

Key Concepts Involved:

• Article 14: Guarantees equality before the law and equal protection of the laws within the territory of India.
• Special Intensive Revision (SIR): A specific exercise conducted by the Election Commission to update and revise electoral rolls.
• Residuary Power: The authority or power remaining with a body after certain powers have been delegated to others.