Supreme Court Refers to 1977 Judgment on Election Commission’s Powers in Bihar SIR Case

In the ongoing legal challenge to the Special Intensive Revision (SIR) of electoral rolls in Bihar, the Supreme Court on July 1, 2025, referred to its landmark 1977 judgment in M.S. Gill vs. Chief Election Commissioner.

Key Points:

• Context: Opposition parties argue that the SIR process could disenfranchise marginalised communities in Bihar.

• Constitutional Provision: Article 324 – gives the Election Commission (EC) powers of superintendence, direction, and control over elections.

1977 Judgment Highlights (M.S. Gill Case):

• EC not above the law: The Constitution does not make the EC a “law unto itself.” EC must act fairly, legally, and not arbitrarily.

• Judicial Oversight: If the EC misuses its discretion, courts have the power to strike it down.

• Purpose of EC’s Powers: The powers must be used to ensure free and fair elections, not to become a "constitutional despot.”

• The Court warned that broad terms like “superintendence” and “control” can open doors to misuse unless applied with restraint.

Relevance of 1977 Case to Bihar SIR:

• The 1977 case upheld EC’s decision to cancel a violence-hit election, but stressed legal checks on EC’s authority.

• The Supreme Court may now use this precedent to assess whether Bihar’s SIR initiative violates democratic fairness or constitutional norms.

UPSC Syllabus:

GS Paper II – Polity

• Election Commission of India – Powers, autonomy, checks and balances.

• Judicial review and constitutional interpretation.

• Electoral reforms and voter rights.

 UPSC Mains enrichment:

• Balance of constitutional autonomy vs. accountability.

• Role of the judiciary in safeguarding democracy.

• Ethical concerns in electoral roll revisions.