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Wrangling over SIR: Understand the powers of Election Commission and limited interference of Supreme Court

Special intensive revision in Bihar Sir Political parties continue to protest against it, but in the meantime Sir It is going on according to its schedule. The Supreme Court has also interfered very limited so far. The court has rejected the plea that the Election Commission did not have the power of this process. In this article, we will understand the constitutional and legal aspects related to the rights of the Election Commission and the role of the court.

Article 324
The Election Commission is a constitutional body. Its responsibility is to hold an independent and fair election. Article 324 of the Constitution gives the Election Commission the right to conduct, direct and control the election. The Supreme Court had recognized these powers in the Mohinder Singh Gill vs Chief Election Commissioner case of 1977.

Article 329
Article 329 prevents courts from interfering in the election process. This is the reason that after the notification of the election, the High Court or the Supreme Court do not interfere in the functioning of the Commission. Any objection related to the election can be raised only after the election is over. For this, election petition is filed in the High Court.

Article 326
Article 326 of the Constitution promises that there will be adult franchise in the country. Under this, every citizen of 18 years or more has been given the right to vote who is not disqualified due to being convicted or being mentally unwell. The thing to note here is that only Indian citizens have the right to cast their votes.

Electoral roll ie voter list
It is the job of the Election Commission to prepare a list of eligible voters. The Commission can confirm the identity of the applicant before entering the name in this list. Under Section 16 of the Representation of People Act, 1950, an Indian citizen above 18 years of age gets a place in the voter list. Section 19 provides that the place will be found in the voter list of a constituency who is a resident of that area.

Special intensive revision means Sir
1950 Section 21 of the Act of the Act gives the power to the Election Commission to review and amend the voter list. In this special revision ie Sir There is also a provision of. In this law Sir The Election Commission has been given the right to fix the time, process and rules. Sir The Commission can take practical decisions to run smoothly.

How does it happen Sir?
Sir Under this, booth level officer (Blo) Each voter confirms. The work of adding new voters and removing unqualified voters from the list is done in a timely manner. Apart from the dead people, the names of those people are removed from the list who do not live in any area anymore. People who are unable to give valid documents of citizenship or housing are also removed from the list of one place. Deciding a valid documents comes under the jurisdiction of the Election Commission.

Election in Bihar has an impact
The term of the current assembly in Bihar ends on 22 November. Before that, it is necessary to complete the election process and form a new assembly. In such a situation, the Election Commission can announce elections in early October. Running in the state at this time Sir The final list of will be released on 30 September. In the draft list released on 1 August, 65 lakh such people could not find a place which was in the voter list made in January 2025.

The claims and objections filed regarding the draft list are being considered. The Commission has also said that even after the final list is released, people’s application will be considered. Nevertheless, it can be estimated that about 60 lakh people included in the January 2025 voter list will not be able to vote in Bihar elections this time. Recognizing the statutory powers of the Election Commission, the Supreme Court has ignored the demand to hold elections on the basis of the old list.

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