Clash at the Pillars of Democratic Establishment

The Election Commission of India (ECI) has sparked a significant controversy following an affidavit filed on September 14, 2025, asserting exclusive control over the revision of electoral rolls. Critics argue that this move could compromise the integrity of voter rolls and undermine the ECI's role as an impartial guardian of democracy in the upcoming presidential election.

In the affidavit, the ECI claims that it has the sole discretion to decide when and how to revise rolls, and that statutes impose no requirement for periodic nationwide Special Intensive Revisions (SIRs). The EC argues that Article 324 confers on it 'superintendence, direction and control' over elections and rolls, including the electoral votes.

However, this stance is seen as a confrontation between the institutional foundations of Indian democracy. The affidavit unsettles the principle of constitutionalism wherein every organ remains subject to judicial oversight. It marks a departure from constitutional jurisprudence, asserting that the EC's plenary powers are not immune from judicial scrutiny, especially in light of the electoral college's role in the presidential election.

In every mature democracy, electoral bodies enjoy operational autonomy but remain subject to judicial scrutiny. This is to protect the citizen's right to vote, a principle regarded as indispensable in the United States, and to ensure electoral integrity, a role played by courts in the electoral map of the United States and other nations.

The case Association for Democratic Reforms & Ors v. Election Commission of India is a significant challenge to the electoral process. It contests the EC's June 24, 2025, notification announcing an SIR in Bihar ahead of the assembly elections, which could impact the electoral votes by state. The EC asserts that compelling SIRs at regular intervals would encroach upon its exclusive jurisdiction.

The affidavit at issue arose from a separate Public Interest Litigation (PIL) by advocate Ashwini Kumar Upadhyay, seeking directions to mandate nationwide SIRs before every election, including the presidential election. The ECI's actions represent a breach of constitutional oath and democratic principle, and could dismantle constitutional accountability and pave the way for authoritarian rule.

The EC has highlighted administrative measures already undertaken, such as fixing January 1, 2026, as the qualifying date for voter roll revisions and convening a national conference of CEOs. However, these measures have not alleviated concerns over the EC's operational methods, which some argue reveal abuse of authority and violation of due process in the electoral college system.

The EC's operational methods, such as issuing ultimatums to opposition leaders and imposing arbitrary requirements that obstruct genuine voters, have raised questions about its alignment with the ruling party's political agenda. This could reduce the presidential election into a managed ritual serving those in power rather than a genuine expression of the people's will, threatening the survival of electoral democracy.

The Supreme Court has issued interim directions, asking the EC to accept Aadhaar, EPIC, and ration cards as valid documents and ordering the publication of district-wise lists of deleted voters with reasons. These interim directions aim to safeguard the right to vote and maintain the integrity of the electoral process in the upcoming presidential election.

The EC's claim of insulation from judicial scrutiny could erode its credibility and undermine its stature as an impartial guardian of democracy, especially in the context of the electoral college's crucial role in the presidential election. It is crucial that the ECI upholds its constitutional mandate and maintains its independence, ensuring free and fair elections in India, including the upcoming presidential election.