Legal Analysis: Association For Democratic Reforms & Ors. v. Election Commission of India & Ors

Citation: 2026 INSC 564
Court: Supreme Court of India
Bench: A Division Bench comprising Justice Surya Kant and Justice Joymalya Bagchi 
Date of Decision: May 27, 2026
Nature of Judgment: Writ Petition (Civil) No. 640 of 2025 and connected matters under Article 32 of the Constitution of India.

Synopsis of the Judgment

The Supreme Court upheld the constitutional validity of the Election Commission of India’s (ECI) Special Intensive Revision (SIR) of electoral rolls in the State of Bihar, initiated in June 2025 through an order dated 24.06.2025. The SIR was challenged on multiple grounds: lack of power under Article 324 and Section 21(3) of the Representation of the People Act, 1950 (RP Act); procedural arbitrariness; violation of the presumption of validity attached to existing entries; non‑adherence to Rule 21A of the Registration of Electors Rules, 1960; and impermissible scrutiny of citizenship. The Court held that the ECI’s power under Article 324 read with Section 21(3) of the RP Act is wide enough to order a statewide special revision, that the exercise was proportionate to the legitimate purpose of ensuring accurate and pure electoral rolls, that the procedural safeguards (including notice, hearing, and appeal) were substantially complied with, and that the ECI may undertake a limited enquiry into citizenship for electoral purposes, subject to referral to the competent authority under the Citizenship Act for conclusive adjudication. The batch of writ petitions was disposed of with directions, including the referral of citizenship cases to the Ministry of Home Affairs.

1. Basic Information of the Judgment

• Case Title: Association For Democratic Reforms & Ors. v. Election Commission of India & Ors. (along with connected writ petitions)

• Citation: 2026 INSC 564

• Writ Petition (Civil) No.: 640 of 2025 and other connected matters (totaling over 20 petitions)

• Bench: Division Bench (Justice Surya Kant and another judge; the judgment is authored by Justice Surya Kant)

• Date of Decision: May 27, 2026

• Court: Supreme Court of India (Civil Original Jurisdiction)

• Impugned Order: Order dated 24.06.2025 of the Election Commission of India directing a Special Intensive Revision of electoral rolls in the State of Bihar.

2. Legal Framework

Major Laws and Provisions Involved

• Constitution of India, 1950 – Article 32 (writ jurisdiction), Article 324 (superintendence, direction and control of elections vested in Election Commission), Article 325 (single electoral roll), Article 326 (universal adult suffrage), Article 327 (Parliament’s power to make laws with respect to elections).

• Representation of the People Act, 1950 – Section 16 (disqualification for registration – non‑citizens cannot be enrolled), Section 19 (qualifications for registration), Section 21 (preparation and revision of electoral rolls), particularly Section 21(3) (special revision by ECI in such manner as it may think fit, for reasons to be recorded, notwithstanding Section 21(2)), Section 24 (appeals).

• Registration of Electors Rules, 1960 – Rule 21A (procedure for removal of names on grounds of death, migration, disqualification), Rule 25 (modes of revision – intensive, summary, or mixed).

• Citizenship Act, 1955 – Section 9(2) (termination of citizenship on acquisition of foreign citizenship).

• Aadhaar (T

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