Supreme Court Pulls Up Prashant Bhushan for Calling Election Commission a ‘Despot’

The Supreme Court today objected to Advocate Prashant Bhushan's reference to the Election Commission of India as a despot.

As CJI Surya Kant's bench was hearing the petitions challenging the Election Commission’s Special Intensive Revision (SIR) of electoral rolls in Bihar, Tamil Nadu, West Bengal, and other states, Advocate Prashant Bhushan told the bench that the ECi is being considered a despot.

To this the bench said, "Let us not make sweeping statements. Confine your submissions to pleadings."

Earlier Bhushan, appearing for the Association for Democratic Reforms (ADR) had argued that the ECI has “no authority to verify citizenship” through the SIR and that several voters appeared multiple times with identical photographs. He said the Commission already has a de-duplication software to address such issues but “isn’t using it.” He also pressed for acknowledgment slips for enumeration forms and sought access to the 2003 electoral rolls in a searchable format to ensure transparency. Also Read - "Should we well.

ECI has clarified before the Supreme Court that Aadhaar cannot be used as proof of citizenship and will serve only as proof of identity during the ongoing Phase II of the Special Intensive Revision (SIR) of electoral rolls. The clarification comes amid the revision exercise covering nearly 51 crore electors across nine states and three Union Territories.

On October 9, the Court had directed the Bihar State Legal Services Authority (SLSA) to ensure immediate assistance to all individuals reportedly excluded from Bihar’s final voter rolls during the Election Commission’s SIR ahead of the Assembly elections. Previously, ECI had told the Court that the voter roll revision in Bihar had followed due process and that no genuine voter had complained; only Delhi-based NGOs had raised objections through data analysis Previously, on September 15, the Court had assumed that the ECI, as a constitutional authority, was following the law in conducting the SIR of Bihar’s electoral rolls and warned that any illegality would render the exercise void.

Earlier Supreme Court had clarified that Aadhaar cards issued under the Aadhaar Act, 2016, shall be accepted as the 12th document for establishing identity in the revised electoral rolls of Bihar ahead of the Assembly elections. Pertinently, on September 1, the Bench had made it clear that the Election Commission of India (ECI) has already provided sufficient safeguards and stressed that claims and objections can continue to be filed even after the statutory deadline of September 1. It had also reiterated that Aadhaar cannot serve as a standalone proof of citizenship, cautioning political parties against attempts to elevate its legal status beyond what is stipulated under law.

Case Title: Association for Democratic Reforms & Ors vs. Election Commission of India & Anr.

Hearing Date: December 2, 2025

Bench: CJI Surya Kant and Justice Joymalya Bagchi