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The ECI’s ring fence is the Constitution and the law Premium

27 Aug 2025
2 min

Press Conferences and Electoral Issues

In recent weeks, two significant press conferences have drawn national attention. The first, led by the Leader of Opposition (LoP) on August 7, 2025, in New Delhi, focused on alleged manipulation of the voter list in Bangalore's Mahadevapura Assembly segment during the 2024 general election. He claimed numerous voters shared identical addresses, with some entries listing ‘xyz’ as the father's name and ‘0’ as the house number.

Electoral Roll Discrepancies

Questions have been raised about potential tampering with electoral lists, specifically regarding the legitimacy of 80 voters registered under one address.

Legal Framework and Responsibilities

  • The Representation of The People Act, 1950, outlines procedures for electoral roll scrutiny and public inspection.
  • Under Article 324, the ECI has a constitutional obligation to investigate and rectify serious irregularities in electoral rolls.

Bihar's Special Intensive Revision (SIR)

The ECI is conducting a special intensive revision (SIR) of electoral rolls in Bihar, but this process is fraught with legal concerns.

Challenges and Legal Inconsistencies

  • The term SIR is not recognized within the existing electoral law framework.
  • Discrepancies arise with the qualifying date for voter roll revisions, typically January 1, but set as July 1 for Bihar's SIR, conflicting with Section 14(b) of the Representation of The People Act, 1950.
  • Media reports highlight chaos in Bihar due to the intensive revision process, which legally requires exhaustive house visits by registration officers.
  • The Supreme Court intervened, directing the ECI to publish the names of 65 lakh voters deleted from the rolls and the reasons for their removal.

ECI's Authority and Limitations

The ECI, while powerful, is not beyond constitutional checks, as highlighted by historical legal precedents.

Judicial Perspective

  • In A.C. Jose vs. Sivan Pillai and Ors. (1984), Justice S. Murtaza Fazal Ali warned against the potential misuse of ECI's powers, emphasizing the need for impartiality to safeguard electoral integrity.

P.D.T. Achary, former Secretary General of Lok Sabha, underscores the importance of the ECI maintaining credible electoral processes to preserve democratic integrity.

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