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The Supreme Court on Tuesday orally said that its judgment in the Bihar SIR matter has held that the deletion from the electoral roll per se will not lead to the loss of other citizenship benefits.

During the hearing of the West Bengal SIR matter today,  the Court was told that persons excluded from electoral rolls are being deprived of ration under the Public Distribution System scheme, and other benefits, such as domicile certificates.

Senior Advocate Rauf Rahim, for petitioners, urged a bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana to pass an order that there should not be such a "ripple effect" following exclusion from electoral rolls due to SIR.

The bench however did not record pass any such order. CJI Surya Kant said that the Court was now only focusing on issues relating to the pending appeals in the tribunals, and other issues can be raised before the High Court.

When Rauf submitted that one word from the Supreme Court can prevent such "ripple effects" of SIR exclusions,  Justice Bagchi said that in the Bihar SIR judgment, the Court had clarified the effect of electoral roll exclusion over a person's entitlement under social welfare schemes. 

"We have already clarified our position. In the Bihar SIR judgment, we had made clear that what is the [...] and the exclusion from the voters list qua rights of an individual in social security schemes", Justice Bagchi said. Notably, in the Bihar SIR judgment, the Court had held that ECI cannot decide citizenship of a person and the conclusions reached by it (after SIR) would be relevant only for electoral purposes. 

"The Commission is empowered, in the exercise of its constitutional mandate, to undertake a limited enquiry into citizenship for the purpose of satisfying itself as to eligibility for inclusion in the electoral roll. Such an enquiry does not amount to a determination of citizenship in the strict sense, and any action taken pursuant thereto is confined to electoral consequences alone. The consequence of such a determination is correspondingly limited. It affects the individual's entitlement to be included in the electoral roll, and thereby their right to participate in the electoral process. It does not, however, operate to divest the individual of claims of citizenship, nor does it foreclose a determination of that question by the Competent Authority under the Citizenship Act" the Court had said.

The bench observed that persons aggrieved by denial of any social welfare benefits after electoral roll-exclusion have the option to approach the High Court. Rahim however submitted that the High Court is already overburdened and that these are people who are "waiting for bread and butter". "They won't be able to approach the High Court", he said.

Notably, Rahim also highlighted the case of a NEET rank holder who is allegedly being deprived of a domicile certificate (on account of electoral roll exclusion after SIR). Claiming that the "ripple effect" is tremendous, he added, "Just imagine the plight of a person who doesn't know when his matter is being listed. He doesn't get ration. On an empty stomach, how can they go to High Court?"

"Empty stomach - he can come to the Supreme Court but not go to the High Court?" Justice Bagchi retorted.

"Who is coming before the Supreme Court? There are 35 lakh people waiting over there. Why keep them hungry?", replied Rahim. The senior counsel further added that while Annapurna Yojana is still there, the PDS scheme has been stopped.

It is worthwhile to mention that in another recent case, the Court had orally observed that SIR-excluded persons in West Bengal remain entitled to certain benefits (like ration). This case was disposed of with liberty to the petitioner to approach the High Court. During the hearing, the CJI said, "Even if your name is removed from the electoral roll, you are entitled to certain benefits. But those benefits can be granted by the High Court very well...Tomorrow, if your appeal is allowed, entire exercise becomes academic".

In another case, the Court categorically said that deletion from electoral roll does not automatically result in loss of citizenship. Here, when a concern regarding excluded persons' deprivation of social welfare benefits, such as free/subsidized ration, was raised, Justice Bagchi said that ECI only has control over electoral rolls. Once it takes a decision, it has the corresponding duty to refer the matter to the Union for adjudication under the Citizenship Act. 

Case Title: Mostari Banu v. Election Commission of India and Ors, W.P.(C) No. 1089/2025 (and connected cases) 

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