In the SIR fight, the Supreme Court refers to the 1977 ruling on the EC’s powers.

Supreme Court Highlights Election Commission’s Power in Bihar

• The Supreme Court has criticized the Election Commission’s power under Article 324 of the Constitution.

• The Commission is not a law unto itself, but must act fairly and legally.

• The power to cancel elections and order fresh polls is upheld under Article 324 of the Constitution.

• The court argues that the EC’s power to conduct elections should not create a “constitutional despot”.

• The terms’superintendence, direction and control’ and ‘conduct of all elections’ are broad and open to “myriad maybes” that could be justified to achieve a free and fair election.