Justice Joymalya Bagchi Flags ECI Deviations in West Bengal SIR, Calls for Strong Appellate Mechanism

Supreme Court Intervenes in West Bengal Special Intensive Revision (SIR) Process The Supreme Court bench, comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi , examined a writ petition concerning the exclusion of voters from the electoral roll during the ongoing SIR in West Bengal. Justice Bagchi highlighted procedural lapses by the ECI and urged a robust appellate mechanism to safeguard the right to vote. Key Developments Justice Bagchi noted that the ECI introduced a new category of Logical Discrepancy , which was not part of the Bihar SIR precedent. The bench observed that the rejection rate after SIR adjudication in West Bengal stands at 47% , raising concerns about accuracy and due process. Justice Bagchi warned that if the winning margin in an election is smaller than the percentage of excluded voters, the legitimacy of the result could be questioned. The petitioners, mapped in the 2002 electoral roll and possessing Aadhaar and passport documents, sought an extension of the roll‑freezing date (currently 9 April 2026 ) to enable them to vote. Important Facts The Supreme Court emphasized that judicial officers handling SIR cannot be expected to achieve 100% accuracy given the volume—over 1,000 documents per day . Justice Bagchi stated that an accuracy of 70% under such pressure should be considered “excellent,” underscoring the need for an appellate safety net. The ECI’s stance in West Bengal diverged from its earlier position in the Bihar SIR, where voters listed in the 2002 roll were exempted from uploading supporting documents. Senior Advocate Appellate Tribunal argued that the ECI was not cooperating by providing necessary materials, while the ECI contended that only proof of identity relative to the 2002 roll is required. UPSC Relevance These proceedings illustrate the constitutional balance between the right to vote (Article 326) and the administrative discretion of the ECI. Aspirants should note the procedural safeguards envisaged in the Representation of the People Act, the role of the Supreme Court in electoral disputes, and the importance of maintaining an inclusive electoral roll—topics frequently asked in GS2 (Polity) and GS1 (Indian Constitution) papers. Way Forward Justice Bagchi called for a “robust appellate mechanism” to address errors arising from high‑volume document scrutiny. The bench left the petitioners’ appeals open to the Appellate Tribunal , indicating that any relief will depend on subsequent adjudication. The case also signals to the ECI that any deviation from established SIR protocols must be justified, especially when large sections of the electorate are affected. In summary, the Supreme Court’s intervention underscores the need for procedural transparency, accurate voter verification, and an effective appellate route to protect the fundamental right to vote.