Supreme Court Clarifies Law on Electoral Roll Revisions in West Bengal
On Friday, the Supreme Court of India addressed a petition concerning the repercussions of the Special Intensive Revision (SIR) of electoral rolls in West Bengal. The Court emphasized that the Election Commission of India (ECI) lacks the authority to determine citizenship, a point previously clarified in law. This observation was made by a bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana.
Senior Advocate Gopal Sankaranarayanan raised concerns that individuals excluded from the electoral rolls were subsequently denied access to essential government schemes, such as the public distribution system (PDS) and caste certificates. Justice Bagchi highlighted that, as previously indicated in a case concerning Bihar, the ECI must refer cases to the Ministry for citizenship determination under the Citizenship Act when tribunal decisions prevent individuals from being on the SIR list.
Justice Bagchi reiterated that the ECI’s responsibilities are limited to the management of electoral rolls and do not extend to determining citizenship. The Supreme Court encouraged those affected by the SIR exclusions to seek recourse through the High Court.
Functioning of Appellate Tribunals Under Scrutiny
The Court was also presented with issues regarding the operation of appellate tribunals in West Bengal. Sankaranarayanan argued that the functioning of the 19 tribunals was leading to inconsistencies and delays. He reported that 33.5 lakh appeals are pending, with 70 percent of resolved cases being allowed. This delay has resulted in affected individuals being excluded from benefits and schemes while awaiting tribunal decisions.
The senior counsel pointed out that the exclusion from voter rolls could continue to affect individuals in upcoming municipal elections, scheduled for October. He also suggested that a passport should serve as a definitive proof of citizenship.
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The Supreme Court has scheduled to revisit the case along with other pending cases related to the West Bengal SIR on August 25.
Impact of SIR on West Bengal Voters
The petition reflects the plight of countless voters in West Bengal who were unable to participate in recent assembly elections due to their removal from the electoral roll during the SIR process. Appeals from these individuals continue to be pending before appellate tribunals that were established following the Supreme Court’s directive, which previously declined to pause the SIR process.
In May, the Supreme Court affirmed the ECI’s authority to conduct SIR of electoral rolls. However, it specified that while the ECI can assess whether a person is an Indian citizen for inclusion in voter rolls, it must refer unresolved cases to the Central Government’s competent authority for legal adjudication.
