Exasperated by the endless litany of complaints and allegations brought against the Election Commission of India by the Mamata Banerjee government in West Bengal regarding the conduct of Special Intensive Revision (SIR) of electoral rolls in the state, in an unprecedented move on Friday, the Supreme Court of India finally stepped in to ensure a clean voter-list.
A bench led by Chief Justice Surya Kant intervened decisively, ordering judicial oversight to break the deadlock and ensure a transparent, error-free voter list ahead of the upcoming polls. This “extraordinary” step underscores the Court’s exasperation with the constitutional standoff that has stalled the process at a critical juncture.
The Supreme Court bench expressed deep frustration with the protracted blame-game between the Mamata Banerjee-led West Bengal government and the Trinamool Congress (TMC) on one side, and the Election Commission of India (ECI) on the other, over the Special Intensive Revision (SIR) of electoral rolls.
Chief Justice Surya Kant minced no words, describing the situation as “an unfortunate scenario of allegations and counter-allegations which shows trust deficit between two constitutional functionaries—the state government and the Election Commission.”
The bench, also comprising Justices Joymalya Bagchi and Vipul M. Pancholi, noted that the SIR process was “stuck at the stage of claims and objections” for voters flagged under the “logical discrepancy” category, affecting millions.
“We are disappointed to see this,” the CJI remarked, highlighting the state’s reluctance to provide competent Group A or B officers as Electoral Registration Officers (EROs), despite repeated directions.
The Court’s intervention came after sharp exchanges between senior advocates representing both sides. Kapil Sibal and Menaka Guruswamy for the state claimed sufficient officers were provided, while D.S. Naidu for the ECI countered that they lacked quasi-judicial competence.
CJI Kant questioned the delays, stating: “We are not micro-observers… the court had expected cooperation rather than vague assurances.” This public reprimand signalled the judiciary’s impatience with what it views as politically motivated obstructionism by the TMC government.
The court explained that the unprecedented judicial intervention under Article 142 of the Constitution was necessitated by the “extraordinary situation” that has arisen in Bengal due to trust deficit and non-cooperation between the ECI and the Bengal government.
West Bengal Chief Minister Mamata Banerjee has been at the forefront of opposing the SIR, personally appearing before the Supreme Court. In an earlier hearing, she alleged, “This SIR is for deletion, not inclusion,” claiming it disproportionately targeted women, migrants, and the poor through minor discrepancies like surname changes or spelling errors.
Banerjee had also questioned the timing—after 24 years—and why similar revisions weren’t conducted in BJP-ruled states, accusing the ECI of bias. She had even mobilized protests across the state.
The ECI, however, defended the exercise as essential for cleansing the rolls of over 1.25 crore entries with logical discrepancies, such as unmapped voters or inconsistencies.
Despite Banerjee’s pleas in a dramatic court appearance on February 4, including an emotional appeal that “justice is crying behind closed doors,” the Court refused to halt SIR, issuing notices to the ECI but allowing the process to continue. The latest order effectively calls the state’s bluff by bypassing government officers entirely.
On Friday, to end the stalemate, the Supreme Court directed the Chief Justice of the Calcutta High Court to nominate serving and retired Additional District Judge (ADJ)-rank judicial officers to adjudicate claims and objections under judicial supervision. These officers’ orders “will be deemed as orders of court,” with District Collectors and Police Superintendents mandated to provide full logistical support and security.
The bench acknowledged potential disruption to regular court proceedings but prioritized electoral integrity, suggesting interim relief cases be shifted temporarily. Further, the ECI was permitted to publish a draft voter list on February 28, with a supplementary list to follow post-SIR completion, ensuring no premature finality.
The Calcutta High Court Chief Justice was also tasked with convening a meeting of stakeholders—including the Chief Secretary, DGP, and ECI officials—to facilitate smooth implementation. “Please cooperate with the High Court. Please create an environment for them to function. Imagine what will happen if the SIR process is not completed,” the bench urged the state.
The matter is listed for further hearing in March.
This order marks a rare judicial foray into electoral administration, reflecting the Court’s determination to prevent voter disenfranchisement amid political crossfire. With more than 1.25 crore voters under scrutiny—58 lakh already deleted and 88 lakh flagged—the SIR aims to eliminate ghosts and duplicates, but TMC alleges mass exclusion of genuine voters.
Political observers see this as a setback for Mamata Banerjee, whose strategy of portraying SIR as an ECI conspiracy appears rebuffed by the judiciary’s proactive role.
“By deploying judicial officers, the SC has ensured quasi-judicial fairness, insulating the process from executive interference,” said Biswanath Chakraborty, a political observer.
The SIR, initiated last year, hit snags over officer deputation, with the state providing lower-rank personnel unfit for quasi-judicial roles. Earlier SC directives—for displaying discrepancy lists at panchayat offices and allowing objections—were partially complied with, fuelling the impasse. Banerjee’s petition highlighted harvesting-season hardships and wrongful deletions, but the Court prioritized systemic cleanup.
Reactions poured in post-order. While ECI welcomed judicial involvement for expediency, TMC leaders hinted at challenging the directive. Opposition parties in Bengal praised the SC for upholding democracy against “TMC’s delaying tactics.”
However, in a bid to extract political mileage, the Trinamool Congress posted on social media: “Today marks a historic demolition of @ECISVEEP’s bloated arrogance. The CEC once strutted around like an untouchable overlord, convinced his word was final. That delusion has been shattered into oblivion. Roll observers had been stonewalling and parking legitimate claims, all while plotting to erase legitimate voters in a bid to rig the game for their political masters. But the Supreme Court just delivered the knockout punch.”
TMC spokesperson Kunal Ghosh said: “Even the topmost court of the land appears convinced that the poll body is not neutral, nor competent, after saddling people with unjustifiable hearing notices.”
In another damning indictment, the Court also recorded allegations that the state police had taken no action on complaints relating to violence and intimidation. The Court directed the Director General of Police (DGP), West Bengal, to file a supplementary affidavit detailing complaints received and action taken. Notably, on February 9, the Court had directed the DGP to file an affidavit regarding ECI’s allegations regarding violence, non-registration of FIRs and destruction of objection records.
The matter will be heard in the first week of March.
