Editorials & Explained — 05 October 2026
The Election Commission’s constitutional mandate under strain: The legal basis of the Special Intensive Revision and internal decision-making
The article argues that the Special Intensive Revision (SIR) of electoral rolls lacks a clear statutory basis and that decision-making within the Election Commission has become unilateral. These claims go to the core of the ECI’s constitutional design: independence from the executive, and action within the bounds of law.
Article 324 vests the superintendence, direction and control of the preparation of electoral rolls and the conduct of elections to Parliament, State Legislatures, and the offices of President and Vice-President in the Election Commission.
- Constituent Assembly debate: Draft Article 289 originally proposed separate provincial election authorities. Dr B.R. Ambedkar moved a revised article creating a single, centralised Commission, partly because of reports that voters opposed to ruling parties had been struck off provincial rolls.
- Shibban Lal Saxena proposed that the President’s choice of CEC be confirmed by Parliament by a two-thirds majority, to guard against a partisan appointment. The proposal was not adopted.
- Article 326 — elections on the basis of universal adult suffrage; every citizen aged 18+ is entitled to be registered unless disqualified by law.
- Article 324(5) — the CEC can be removed only in the manner and on the grounds of a Supreme Court judge; other ECs can be removed only on the CEC’s recommendation.
- Multi-member Commission: in T.N. Seshan v. Union of India (1995), the Supreme Court upheld majority decision-making and described the CEC as first among equals.
- Section 21(1), RP Act 1950: rolls prepared in the prescribed manner with reference to a qualifying date.
- Section 21(2): revision before each general election and bye-election, or in any year if the ECI so directs.
- Rule 25, Registration of Electors Rules 1960: such revision may be intensive, summary, or partly intensive and partly summary.
- Section 21(3): the ECI may, for reasons to be recorded, direct a special revision for any constituency or part of a constituency, in such manner as it thinks fit.
- Chief Election Commissioner and Other Election Commissioners Act, 2023: governs appointment (a selection committee of the PM, Leader of Opposition and a Union Cabinet Minister), conditions of service, and protection from legal proceedings for acts done in official capacity (Section 16).
- Statutory gap: the law provides for intensive and special revisions as separate categories; a nationwide “special intensive” revision is not named in the RP Act or the Rules.
- Limits of Article 324: the plenary power fills gaps where the law is silent, but cannot be exercised contrary to an existing statute.
- Article 326: the constitutional scheme is inclusionary; large-scale deletions, which the author puts at 18 crore names citing media reports, would sit uneasily with universal adult suffrage.
- Internal process: citing statements attributed to the two Election Commissioners, the author argues that key decisions were taken without them, which could affect their legal validity.
- Accountability: removal of the CEC requires proved misbehaviour and a demanding impeachment process, and the 2023 Act adds protection from proceedings.
- ECI’s position: the Commission has defended the SIR as an exercise of its powers under Article 324 and Section 21, aimed at removing dead, shifted and duplicate entries and ensuring that only eligible citizens are enrolled.
- Purpose of revision: roll accuracy is itself a constitutional value; inflated rolls can also distort elections.
- Judicial scrutiny: the SIR, which began in Bihar in 2025, has been challenged before the Supreme Court; the legal questions are therefore sub judice and awaiting authoritative resolution.
- Contested figures: deletion numbers include names removed for death, migration or duplication; how many eligible voters were excluded is the disputed, and verifiable, question.
- Mohinder Singh Gill v. CEC (1978) — Article 324 is a reservoir of power where the law is silent, but must be exercised fairly and within law.
- Lal Babu Hussein v. Electoral Registration Officer (1995) — a person already on the roll cannot be removed without due inquiry and a fair opportunity of hearing.
- Anoop Baranwal v. Union of India (2023) — ordered a selection committee (PM, LoP, CJI) for appointing the CEC and ECs until Parliament legislated; the 2023 Act replaced the CJI with a Union Cabinet Minister.
- Codify the types, triggers and procedure of roll revision in the RP Act, including the documentary burden on voters.
- Publish constituency-wise deletion data with reasons, and provide accessible appeal mechanisms before final publication.
- Record and disclose the Commission’s collective decisions, consistent with the majority rule upheld in T.N. Seshan.
- Revisit the appointment process to strengthen perceived independence, as the Constituent Assembly and the Supreme Court both emphasised.
“The plenary powers of the Election Commission under Article 324 cannot be exercised in a manner contrary to statute.” Examine this statement in the context of revision of electoral rolls and the right to vote under Article 326. 15 marks · 250 words
The India–US trade deal: Why durable terms may matter more than a narrow tariff advantage
Twenty months into negotiations, the India–US trade deal has stalled for a third time. The article argues that, with US tariff policy shifting repeatedly, India should seek legally durable commitments rather than a tariff advantage over competitors that Washington can revise at will.
US Presidents impose tariffs under specific statutes, each with different scope and limits. The choice of statute decides how durable a tariff is and how easily courts can strike it down.
- IEEPA, 1977 (International Emergency Economic Powers Act) — emergency powers used for the 2025 "reciprocal" tariffs; the author notes the US Supreme Court struck these down in February 2026.
- Section 232, Trade Expansion Act 1962 — tariffs on national-security grounds, used for sector-specific duties (steel, aluminium, and products such as pharmaceuticals).
- Section 301, Trade Act 1974 — action against unfair foreign trade practices after an investigation.
- Section 122, Trade Act 1974 — permits a temporary import surcharge of up to 15% for up to 150 days to address balance-of-payments problems.
- Section 307, Tariff Act 1930 — prohibits imports made with forced labour.
- In February 2025, the two countries agreed to negotiate a Bilateral Trade Agreement (BTA) and set a target of $500 billion in bilateral trade by 2030 ("Mission 500").
- In August 2025, US tariffs on Indian goods rose towards 50%, including an additional duty linked to India’s purchases of Russian oil.
- The US is one of India’s largest export markets, and India runs a goods trade surplus with it — a recurring point of US pressure.
- Pharmaceuticals: Indian generics supply a large share of US generic prescriptions, making any sectoral duty a major concern for India.
- April 2025: country-by-country "reciprocal" tariffs imposed under emergency law
- August 2025: tariff on India climbs towards 50%; a negotiating round in New Delhi is called off
- February 2026: interim framework — US tariff on India to fall from 50% to 18%; India to cut duties on US industrial goods and raise purchases
- February 2026: US Supreme Court strikes down the reciprocal tariffs; a temporary global tariff follows
- July 2026: new tariffs linked to how effectively countries keep forced-labour goods out of their markets — India placed at 10% (cut from a proposed 12.5%), with Vietnam only slightly higher
- Pending: a US investigation into "structural excess capacity" covering 16 economies (deadline March 2027); review of the pharma exemption for generics by April 2027
- The edge is relative: India’s 10% rate matters only in comparison with rivals; a US–Vietnam deal could erase India’s margin overnight.
- The baseline can change: the "structural excess capacity" investigation and sector-specific tariffs, such as those planned on generic medicines from 2028, sit outside any bilateral rate.
- Unequal durability: India’s concessions — industrial tariff cuts, farm openings, purchase commitments — are long-term and politically hard to reverse; the US rate rests on an administrative decision Washington can revise alone.
- A tariff ceiling (standstill): no US duty on Indian goods above the agreed level for the life of the deal.
- Non-discrimination: India not to be treated less favourably than competitors — in effect, an MFN-type assurance within the deal.
- Prior notice and consultation before any new tariff affecting India.
- Sector carve-outs written into the text, starting with pharmaceuticals; zero duty already applies to some Indian specialty medicines.
- Phased and conditional concessions: India’s tariff cuts to be tied to US compliance, so that India’s obligations adjust if the US raises rates or withdraws exemptions.
- Bound vs applied tariff: under WTO rules, a bound rate is a legal ceiling a country commits not to exceed; the applied rate is what it actually charges. The author’s "ceiling" is a bilateral version of binding.
- Most-Favoured-Nation (MFN): GATT Article I principle of non-discrimination among trading partners.
- Snap-back / rebalancing clause: a provision allowing a party to restore earlier tariffs if the other side fails to honour its commitments.
- Strength of the argument: durability and predictability matter for exporters’ investment decisions, and India’s concessions — especially in agriculture — carry domestic political costs.
- Feasibility: binding commitments may be hard to obtain from a US administration that has relied on executive flexibility over tariffs.
- Cost of delay: holding out for stronger terms risks competitors such as Vietnam concluding deals first and attracting supply-chain investment.
- Sensitive sectors: dairy, genetically modified crops and digital trade rules remain areas where India has traditionally resisted concessions.
- Wider strategy: diversification through other agreements, such as those with the UAE, Australia, EFTA and the UK, reduces India’s dependence on any single market.
In an era of frequently changing unilateral tariff measures, the durability of trade commitments may matter more than the level of tariffs. Discuss in the context of the India–US trade negotiations. 15 marks · 250 words


