Will Post SIR Deletion From Electoral Rolls Lead To Denial of Welfare Schemes For Citizens? Supreme Court To Decide

The Supreme Court has sought a response from the Election Commission of India, West Bengal government, and the Chief Electoral Officer of the State in a petition seeking time-bound disposal of appeals filed by person excluded from the voter list following the SIR process.

Senior advocate Gopal Sankaranarayanan told a CJI Surya Kant led bench today that since May 2026, at least three government orders have been passed by the State government whereby those excluded in the SIR, many of whom happen to be from the marginalised and economically weak sections, would not be considered eligible to receive welfare benefits.

“These adversely affect those whose names have been deleted in the SIR process and could possibly lead to their names being deleted as beneficiaries,” the senior lawyer contended before a bench also comprising Justice Joymalya Bagchi and Justice V Mohana.

Hearing this the bench said that in its judgment dated May 27 concerning the Bihar SIR, it had specifically underscored that SIR data should only be used for electoral purposes and must not reflect in the implementation of other welfare schemes.

A CJI Surya Kant led bench had clarified that the poll body can examine the citizenship from the standpoint of determining inclusion or exclusion of the concerned person from the electoral rolls. "Upon detailed consideration, we have come to the conclusion that, in view of the statutory requirement under Section 16 of the Representation of the People Act, the Commission, in the course of preparing electoral rolls, is undoubtedly empowered to examine questions bearing upon citizenship. However, such an inquiry can only be undertaken from the limited standpoint of determining inclusion or exclusion from the electoral rolls and must be carried out with due regard to the presumption operating in favour of an elector whose name already exists on the rolls. It is within this confined statutory setting that the Commission assesses the material before it for the purpose of arriving at a determination confined to electoral purposes," the Court had said.

Justice Joymalya Bagchi today pointed out that the May 27 judgment had also made it clear that the SIR data could not be used by the Election Commission to determine citizenship. “The EC has a corresponding duty to refer the matter to the government for adjudication under the Citizenship Act,” Justice Bagchi observed.

The instant petition before Supreme Court filed by Prasenjit Bose, says only 38,000 of the 34 lakh appeals have been heard so far by the tribunals. Court was further told today the tribunals have allowed re-inclusion in the electoral roll in 70% of the appeals heard so far.

The petition highlighted the need for streamlining of the appeal process, disclosure of data and the publication of the Standard Operating Procedure (SOP) for the sake of transparency and in larger public interest.

“The fact that only 38,000 of 34 lakh appeals pending have been heard by the Appellate Tribunals makes it important for the apex court to give certain directions to make the appellate process more efficient,” Sankaranarayanan submitted today.

In May the Supreme Court said SIR is not in conflict with the Representation of the People Act, 1950 and the Rules framed thereunder. "The impugned SIR does not supplant the Representation of the People Act and the Rules. Rather, it breathes life into the constitutional mandate under Article 324 within the precise statutory contours provided by Section 21(3). Therefore, it cannot be said that the Commission has acted in excess of its statutory powers," the CJI read today in Court.

On the reasons given by the ECI to conduct the SIR, namely the passage of more than four decades since the last intensive revision, large-scale additions and deletions over the years, rapid urbanisation, migration and the resulting possibility of repetition and inaccuracies in the electoral rolls, the bench observed that these are clearly directed towards preserving that foundational integrity.

Court had further held that the object sought to be achieved by the SIR bears a direct nexus to the constitutional goal of free and fair elections. "Free and fair elections do not rest merely upon the mechanics of polling. They fundamentally depend upon the integrity, accuracy and credibility of the electoral rolls, which form the foundation of the democratic process," the bench also comprising Justices Bagchi and Pancholi has held.

Case Title: Prasenjit Bose v. Election Commission of India & Ors.

Bench: CJI Kant, Justice Bagchi and Justice Mohana

Hearing Date: July 17, 2026