New Delhi: The Supreme Court on Monday took steps to reduce the “stress and pressure” faced by common voters. west bengalSpecial Intensive Revision of Electoral Rolls (SIR), issuing several binding directions to the Election Commission of India (ECI) to make the process transparent, accessible and voter-friendly and reiterating that the main objective of the exercise was to ensure that no eligible voter is left out.
The move, welcomed by Bengal’s ruling Trinamool Congress, is likely to set a precedent for similar amendment exercises being carried out in other states.
In the 12 states and union territories where the exercise is being carried out, names of a little over 70 million people have been removed from the list, although an HT analysis found that most of the deletions were in areas that have seen significant growth over the past decade and a half, suggesting that the process of de-duplication is underway. Also, in the second phase of verification, wherever there are some discrepancies, the Election Commission is issuing notices – this process is underway in West Bengal – and the Supreme Court has directed that the names of all those to whom notices are issued be published.
Read this also SC stays Rajasthan HC order to remove liquor shops within 500 meters of highways
“Look at the ongoing stress and tension for the common people. Notices have been issued to more than one crore (10 million) people… We are going to pass certain orders… Whatever reforms have to be done, they should be done in a transparent manner by giving a fair opportunity of being heard without causing any inconvenience to the people in the list,” a bench led by Chief Justice of India Surya Kant underlined, adding that although corrective measures in the electoral rolls were acceptable, they cannot come at the cost of fairness, due process and voter confidence.
The bench, also comprising Justices Dipankar Datta and Joymalya Bagchi, was hearing petitions challenging the SIR process in the poll-bound state, amid a bitter political battle between the Mamata Banerjee-led Trinamool Congress (TMC) government and the ECI.
Read this also Supreme Court rejects Centre’s plea to continue suspension of defense supplier Defsys in AgustaWestland case
In a move that significantly strengthens the procedural safeguards for affected voters, the court order ensured that those issued notices on alleged discrepancies receive fair notice, adequate assistance and a meaningful opportunity to authenticate their credentials. Now that hearing venues have expanded significantly and written receipts for submissions have been made mandatory, the Court has sought to eliminate uncertainty and allegations of arbitrariness in the process.
Noting concerns over the notices citing vague “logical inconsistencies”, the court directed the ECI to publish the list of all persons to whom such notices have been issued. These lists should be displayed in panchayat and block offices to ensure transparency and public accountability, the bench said.
The bench recorded that around 1.25 crore (12.5 million) notices were issued flagging discrepancies such as spelling variations in names, short age difference between parents and children, and instances where parents were shown as having more than six children.
To reduce the difficulty and make the process truly accessible, the court further directed that the affected voters should be allowed to submit documents or objections with the assistance of a representative, who could be a relative, neighbor or even a booth level agent of a political party, provided a signed or thumb-printed authorization letter is presented. If the documents are found unsatisfactory, voters should be allowed a personal hearing, in which authorized representatives can also participate.
Responding to complaints of voters being forced to travel long distances, the bench ordered that offices for submitting claims and objections be set up in panchayat buildings or block offices. Importantly, election officials were directed to issue written receipts or certificates acknowledging the submission of documents or the conduct of the hearing, thereby providing voters with concrete evidence of compliance.
Addressing the ECI’s fears of possible violence during the hearing, the court placed the responsibility squarely on the state administration. District Collectors and Superintendents of Police (SP) were directed to deploy adequate staff and forces at the centres, while the West Bengal Director General of Police (DGP) was made personally responsible to ensure that “no law and order situation” arises and the entire process is completed smoothly.
“We must ensure that the exercise is timely and individuals are given a fair opportunity,” the bench said.
Under SIR practice, “logical anomalies” are classified into seven types, including cases of voters involving more than six offspring; Age difference with parents less than 15 years; Persons above 45 years of age are missing from the 2002 list; Mismatch in fathers’ names between the 2002 and 2005 lists; Age difference with grandparents less than 40 years; Age difference with parents more than 50 years; and gender mismatch with the 2002 list.
Senior lawyer Kapil Sibal, appearing for TMC leaders Derek O’Brien and Dola Sen, argued that minor spelling variations in surnames like “Ganguly” or “Datta” were being treated as anomalies, and notices were issued even where the age difference between parents and children was less than 15 years.
“Why is this a logical anomaly? How can an age difference of 15 years between mother and son be a logical anomaly?” the court asked the ECI, pointing out that child marriages are not uncommon in India.
Senior lawyers Rakesh Dwivedi and Maninder Singh, appearing for the ECI, said officials have been directed not to issue notices for spelling variations, but admitted that cases involving age difference of 15 years or less have been flagged. He also argued that booth level agents, being members of a political party, could not insist on attending every hearing, although a voter was free to authorize any representative, including BLAs.
Senior advocates Shyam Dewan and Kalyan Banerjee supported the petitioners’ case. Diwan alleged that important field-level instructions were being given through WhatsApp messages instead of formal written orders, thereby reducing transparency, while Banerjee claimed that notices were also issued to prominent individuals, including Nobel laureate Amartya Sen and sitting MPs, raising concerns of voter profiling.
Dwivedi rejected the allegations, saying, “If there is to be distrust in the ECI, then the ECI should not conduct elections at all.”
The matter comes in the backdrop of escalating political confrontation between the ECI and Chief Minister Mamata Banerjee, whose government has vehemently opposed the SIR exercise, alleging that it is a ploy to remove names of legitimate voters ahead of the upcoming assembly elections. “The factor of ‘logical inconsistency’ was not mentioned at the beginning of the SIR process. It was introduced later with the sole intention of removing names of genuine voters,” Banerjee has alleged.
After Monday’s hearing, TMC MP Abhishek Banerjee welcomed the Supreme Court’s intervention, posting on Twitter: “We wholeheartedly welcome the Supreme Court’s historic direction to the Election Commission. This much-needed intervention has dealt a decisive blow to a cruel, politically motivated and deeply unjust process.”
“The Supreme Court has rightly ordered that the names of those who have been arbitrarily slapped with the vague, sinister label of ‘logical anomaly’ should be published publicly. The BJP-ECI alliance has been exposed as their anti-Bangla landlords,” he said.
The proceedings began with applications filed by TMC MPs, after which the Supreme Court on January 12 sought the ECI’s response on their plea seeking extension of the deadline for filing claims and objections by around 58 lakh (5.8 million) voters whose names were removed from the draft voter list.
The MPs alleged that West Bengal’s SIR process is completely different from the one followed in Bihar, claiming that an unknown software was used to identify anomalies instead of verification on the ground by booth level officials. They also reportedly objected to informal instructions issued through WhatsApp, restrictions on BLA participation and hearings being held at distant administrative centers instead of village level locations.
The draft electoral roll for West Bengal published on December 16, 2025, deleted 5.82 million names, reducing the number of voters from 76.6 million to 70.8 million after the 2025 special summary amendment.
Meanwhile, the ECI has extended the deadline for filing claims and objections under SIR from January 15 to January 19, while January 1, 2026 remains the last date. This extension applied to West Bengal, Goa, Lakshadweep, Rajasthan and Puducherry. The ECI said the decision was taken after representations from Chief Electoral Officers and considering factors related to the ongoing vetting process. The state election machinery has been directed to publicize the revised timelines and strictly follow the updated schedule.
