West Bengal Chief Minister Mamata Banerjee has approached the Supreme Court against the Special Intensive Revision (SIR) of electoral rolls currently underway in the state, undertaken by the Election Commission of India (ECI).
The petition, filed on January 28, questioned the Election Commission of India (ECI)’s conduct of the revision exercise, alleging non-compliance with the Representation of the People Act, 1950; the Conduct of Election Rules, 1961; and the constitutional mandate under Article 324, which entrusted the Commission with the superintendence of elections subject to fairness, transparency, and due process.
It contended that the SIR process, as implemented, undermined the principles of natural justice and equality before law under Article 14 by introducing opaque verification standards and informal administrative directions.
Prior to instituting proceedings, the Chief Minister had formally communicated her objections to the Chief Election Commissioner, asserting that the revision exercise was being carried out without adequate statutory backing and in a manner capable of disenfranchising eligible voters.
Earlier, Trinamool Congress MP Derek O’Brien had approached the Apex Court against the conduct of SIR, alleging that electoral authorities were acting on non-codified instructions issued dehors the rulebook.
The controversy unfolded against the backdrop of recent Supreme Court directions to the Election Commission aimed at ensuring a transparent, reasoned, and time-bound verification of names flagged under the ‘logical discrepancy’ category following publication of the draft electoral roll.
The Court had underscored that mass exclusions without individualized notice or opportunity of hearing would be impermissible, reiterating settled jurisprudence that the right to vote, though statutory, cannot be curtailed arbitrarily.
Notwithstanding these directions, submissions were recently made before the Court alleging continued non-adherence by the Commission to judicial safeguards. Senior Advocate Kapil Sibal, appearing in related proceedings, had flagged that the implementation on the ground fell short of the standards mandated by the Court, raising concerns over institutional accountability and electoral integrity.
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