While considering petitions assailing the Special Intensive Revision (SIR) of electoral rolls in Tamil Nadu and West Bengal, the Supreme Court on Wednesday (November 26) observed that it holds the power to extend the date for publication of draft voter lists, if circumstances justify such relief.

The remark came from Chief Justice of India Surya Kant when advocates in the West Bengal matter pointed out that the next hearing has been scheduled for December 9 — coinciding with the deadline set for publication of the draft roll under the ongoing SIR.

“So what? If a case is made out, we can direct an extension. How can that date restrict our authority? The Court can always pass orders,” CJI Kant orally observed.

The bench of CJI Surya Kant and Justice Joymalya Bagchi directed the Election Commission of India (ECI) to file counter-affidavits in matters related to both Tamil Nadu and West Bengal.

The Tamil Nadu petitions will be heard next on December 4, and the West Bengal pleas on December 9. Meanwhile, the petitions seeking postponement of the Kerala SIR will be taken up on December 2.

Background

Tamil Nadu SIR
The SIR exercise in Tamil Nadu has been challenged by DMK (through RS Bharati), CPI(M) (through P Shanmugham), actor Vijay’s TVK, MP Thol Thirumavalavan, MLAs K Selvaperunthagai and T Velmurugan, CPI leader M Veerapandian, and politician Thamimum Ansari. Conversely, the AIADMK has entered the case supporting the ECI’s action.

DMK asserts that an extensive Special Summary Revision (SSR) was already undertaken between October 2024 and January 6, 2025 — accommodating changes such as relocations, deaths and removal of ineligible voters — and the updated roll continues to be maintained. Despite this, ECI has begun a fresh SIR introducing new citizenship-linked verification rules, particularly for those missing from the 2003 rolls.

DMK argues this effectively hands the ECI the unconstitutional power to determine citizenship — a function that exclusively lies with the Union government under the Citizenship Act, 1955. They contend the SIR mirrors an NRC-like exercise by imposing documentation akin to a citizenship test.

AIADMK, however, supports SIR as a measure to protect electoral integrity and curb voter impersonation.

West Bengal SIR
The SIR in West Bengal has been contested by TMC MP Dola Sen and Congress members Subhankar Sarkar and Mostari Banu.

Puducherry SIR
The revision exercise in Puducherry is being challenged by R Siva, Leader of the Opposition in the Puducherry Assembly.

Bihar SIR
Multiple petitions previously reached the Supreme Court questioning the legitimacy of the ECI’s Special Intensive Revision in Bihar, alleging wrongful exclusions and procedural lapses. The petitioners also disputed the Commission’s authority to carry out such a revision.

The Court, over several hearings, directed various compliance measures including permitting Aadhaar submission for voter inclusion and requiring disclosure of excluded voters’ details. On October 16, after the ECI stated that the final electoral roll was being prepared, the bench deferred proceedings, expressing confidence that the Commission would discharge its duties responsibly. Bihar Assembly elections have since taken place on November 6 and 11.