The Supreme Court on Wednesday indicated that it is open to extending the deadline for publication of draft electoral rolls in the ongoing Special Intensive Revision (SIR) for West Bengal and Tamil Nadu, if the circumstances warrant such relief.

The observation came from Chief Justice of India Surya Kant, who heads the bench alongside Justice Joymalya Bagchi, while hearing multiple petitions challenging the legality and timing of SIR exercises across several states.

The remark followed apprehensions raised by parties in the West Bengal matter, who noted that the case had been listed for December 9, the same date on which the draft rolls are scheduled to be published under the SIR timeline.

Responding to these concerns, CJI Kant clarified that the Court retains ample authority to intervene even if the publication date is imminent.

“So what? If you make out a case, then we can direct them to extend the date… Can that date be a ground for the court to say we have no power? The court can always say,” the CJI stated orally.

The bench directed the Election Commission of India (ECI) to file its counter-affidavit in the petitions arising from Tamil Nadu and West Bengal, listing the Tamil Nadu matters for December 4, and the West Bengal matters for December 9. Petitions seeking deferment of the Kerala SIR will be heard on December 2.

The SIR in Tamil Nadu has been challenged by a wide set of political stakeholders, including the DMK (through RS Bharati), CPI(M), actor Vijay’s TVK, Thol Thirumavalavan (VCK), MLAs K. Selvaperunthagai and T. Velmurugan, CPI leader M. Veerapandian, and politician Thamimum Ansari.

According to the DMK, a Special Summary Revision (SSR) was already conducted between October 2024 and January 6, 2025, culminating in the publication of an updated electoral roll that has been consistently maintained.

Despite this, the ECI initiated a fresh SIR, introducing guidelines that require verification of citizenship, especially for those absent from the 2003 electoral roll.

The petition contends that the ECI has assumed the authority to determine citizenship, a power exclusively vested in the union Government under the Citizenship Act, 1955, effectively turning the SIR into a “de facto NRC”.

In contrast, the AIADMK has supported the SIR, calling it a necessary safeguard to protect electoral integrity and prevent voter fraud.

In West Bengal, the SIR process has been challenged by TMC MP Dola Sen, Subhankar Sarkar, and Mostari Banu of the West Bengal Congress Committee, who have alleged procedural irregularities and potential disenfranchisement.

The SIR in Puducherry has been assailed by R. Siva, leader of the Opposition in the Puducherry Assembly, who has raised concerns about exclusions and the legitimacy of the exercise.

A series of petitions before the Supreme Court have challenged the ECI’s conduct of the SIR in Bihar, alleging large-scale exclusions and irregular processes. The court had earlier permitted the use of Aadhaar as one of the identification documents for voter inclusion and directed the publication of details of excluded voters.

On October 16, the matter was adjourned after the ECI informed the Court that the final voters’ list was in the process of being published. Advocate Prashant Bhushan urged that names added or deleted be disclosed transparently.

The bench, however, chose to await ECI’s publication, expressing confidence that the Commission would fulfil its obligations.

The Bihar elections were subsequently held on November 6 and 11.

The Supreme Court will now proceed to assess whether the timelines set by the ECI for draft roll publication require modification, and whether the SIR exercises across states comply with statutory and constitutional parameters.