All posts tagged: ECI's power to control elections

Election Commission’s power to control elections is no carte blanche to rule on citizenship, petitioners assert

Election Commission’s power to control elections is no carte blanche to rule on citizenship, petitioners assert

Advocates Prashant Bhushan and Neha Rathi, for NGO Association for Democratic Reforms, submitted that the Election Commission has arbitrarily assumed powers to “determine citizenship”. File | Photo Credit: The Hindu The Supreme Court on Thursday (January 29, 2026) reserved for judgment a series of petitions challenging the constitutionality of the Special Intensive Revision (SIR) exercise, which began in the State of Bihar. Appearing before a Bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi, advocates Prashant Bhushan and Neha Rathi, for NGO Association for Democratic Reforms, submitted that the Election Commission has arbitrarily assumed powers to “determine citizenship”, overriding limitations clearly prescribed in parliamentary laws, rules, and its own manual without providing “any good reason” whatsoever. “EC says its power to control over and conduct of elections under Article 324 is a carte blanche, not bound by any law, or rules, or any manual. EC says we can do what we want or how we want. But no authority can act arbitrarily or without any good reason,” Mr. Bhushan submitted. Critical judgement …