SC invokes Article 142 in Bengal SIR row, allows voting if tribunal clears names 2 days before polls

In a significant intervention ahead of the West Bengal Assembly elections, the Supreme Court of India invoked Article 142 of the Constitution to grant conditional relief to voters excluded during the Special Intensive Revision (SIR) process. The court ruled that individuals whose names are approved for inclusion by tribunals before the cut-off dates will be allowed to vote. For the first phase on April 23, those cleared by April 21 can cast their votes, while for the second phase on April 29, approvals until April 27 will be considered valid.

During the hearing, the bench led by Chief Justice Surya Kant observed that voters were being “sandwiched” between the state government and the Election Commission of India. The court acknowledged the scale of the issue, noting that millions of applications had been filed after names were excluded despite claimants possessing valid documents. It also took into account that multiple tribunals had begun functioning to process appeals, as uncertainty loomed over whether such voters would be able to exercise their franchise.

The state government argued that those cleared by tribunals before the elections should be allowed to vote, even suggesting the publication of supplementary voter lists. However, the Election Commission maintained that elections must be conducted strictly based on the frozen electoral rolls. The court, while not altering the existing list framework, used its constitutional powers to ensure that eligible voters are not deprived of their rights due to procedural delays.

With polling dates approaching, the ruling provides a crucial window for excluded voters to regain their voting rights. Individuals can approach tribunals physically or apply through official digital platforms and administrative offices. As thousands await decisions on their applications, the court’s directive attempts to balance electoral integrity with the fundamental right to vote, offering relief while maintaining the election schedule.