NEW DELHI: The Supreme Court on Wednesday asked the Election Commission of India (ECI) whether its powers to conduct a Special Intensive Revision (SIR) of electoral rolls can be considered untrammelled and beyond judicial review.
A bench of CJI Surya Kant and Justice Joymalya Bagchi said, “Revision of voter list can lead to some civil consequences for a person who is on the list, so if something which will affect civil rights of people, then why should not the process followed be in accordance with sub-section 2 (of the Representation of the People (RP) Act which provides for roll revision in a prescribed manner),” the CJI asked.
Senior advocate Rakesh Dwivedi, representing the ECI, cited clause (3) of Section 21 of the RP Act, which reads: “Notwithstanding anything contained in sub-section (2), the Election Commission may at any time, for reasons to be recorded, direct a special revision of the electoral roll for any constituency or part of a constituency in such manner as it may think fit.”
The CJI, however, asked if Section 21(2) enables the ECI to go beyond the rules, can the poll body then exempt itself from its own notified procedures when it undertakes an SIR under Section 21(3). “So, why should we not expect you (ECI) to have a transparent procedure,” he questioned. Justice Bagchi said, “No power or jurisdiction can be untrammelled, no matter how high one is. The manner of conduct of the revision of electoral rolls must conform with the principles of natural justice. It should be just and fair.”