Supreme Court To Hear DMK's Petition Challenging SIR In Tamil Nadu On November 11

The Supreme Court on Friday agreed to post on Tuesday (November 11) the petiton filed by political party Dravida Munnetra Kazhagam (DMK) challenging the decision of the Election Commission of India for conducting a Special Intensive Revision (SIR) of the electoral rolls in Tamil Nadu.Advocate Vivek Singh mentioned the DMK's petition before Chief Justice of India BR Gavai for urgent listing. "The writ has been filed and registered by the political party DMK mylords , urgent stay has been prayed for, may list on Monday," the counsel submitted. CJI agreed to list the matter on Tuesday.Why Has DMK Challenged The SIR ? The petition, filed under Article 32, challenges the ECI's orders dated June 24, 2025 and October 27, 2025, which directed the conduct of SIR.According to the petition, a Special Summary Revision (SSR) had already been conducted in Tamil Nadu between October 2024 and January 6, 2025, during which the electoral roll was updated to reflect changes such as migration, deaths and deletion of ineligible voters. The revised roll was published on January 6, 2025, and has been continuously updated since then.Despite this, the DMK said, the ECI on October 27, 2025, purportedly invoking its powers under Article 324 of the Constitution and Section 21 of the Representation of the People Act (ROPA), 1950, directed a fresh Special Intensive Revision of the electoral rolls in Tamil Nadu and various other States, introducing new guidelines that impose citizenship verification requirements,especially for those whose names were not on the 2003 electoral roll. 'Constitutional Overreach' And Lack Of Statutory BasisThe petition argues that the ECI's decision amounts to constitutional overreach, as Article 324 operates only in areas unoccupied by legislation, and cannot supplant the existing statutory framework under the Representation of the People Act, 1951 and the Registration of Electors Rules, 1960.It contends that the SIR is ultra vires the parent Act and Rules since the procedure directed by the ECI finds no mention in either. Further, Section 28(3) of RP Act mandates that all rules be notified in the Official Gazette and laid before Parliament. No such notification has been issued for the SIR, rendering the exercise without statutory force and lacking legal basis. The DMK asserts that the ECI has provided no exceptional or compelling reason necessitating a de novo verification of such an extensive nature. The orders, the party submits, are arbitrary, unreasonable, and a colourable exercise of power.SIR 'A De Facto NRC', Burdening Citizens To Prove CitizenshipThe DMK warns that through the SIR, the Election Commission has “claimed the power to assess the citizenship of individuals,” a power that rests solely with the Union Government under the Citizenship Act, 1955.By imposing documentation requirements akin to a citizenship test, the SIR allegedly transforms the ECI into a “de facto National Register of Citizens (NRC).”The petition states that the SIR reverses the presumption of legitimacy attached to an enrolled elector and places an onerous burden on registered voters to re-establish their citizenship, without adequate notice. It also empowers Electoral Registration Officers (EROs) to refer “suspected foreign nationals” to authorities under the Citizenship Act, bypassing due process.Procedural Arbitrary And Risk Of Mass DisenfranchisementThe DMK petition conteded that the SIR had the following procedural irregularities and arbitrary features :House-to-House Enumeration by Booth Level Officers (BLOs) using forms not recognised under ROPA or the 1960 Rules. Mandatory Citizenship Documents: Voters are required to produce documents from a restricted list of 13 proofs (with Aadhaar included later on September 9, 2025). Common documents like Ration Cards, PAN Cards and Voter ID (EPIC) have been excluded. Automatic Deletion: If voters fail to provide documents or return enumeration forms, their names are omitted from the draft rolls, forcing them to file Form 6 claims later, effectively treating all such voters as non-citizens. Subjective Discretion: BLOs are allowed to mark voters as 'absent', 'shifted', or 'duplicate' based on inquiries with neighbours, and EROs can recommend inclusion or deletion without any clear guidelines. Deficient Appeal Mechanism: Though ROPA allows appeals to the District Magistrate and Chief Electoral Officer, overlapping timelines (December 9, 2025 – January 31, 2026) make the appeal process illusory in practice. Compressed Timelines: The exercise is to conclude by February 7, 2026, despite the ongoing monsoon, Christmas holidays and Pongal season in Tamil Nadu, making compliance practically impossible. The DMK contends that such a process “is bound to cause confusion, uncertainty, and disenfranchisement of a significant number of voters,” similar to what has already been witnessed in Bihar where a similar SIR was carried out.Violation Of Fundamental Rights And Federal StructureThe ...

Supreme Court To Hear DMK's Petition Challenging SIR In Tamil Nadu On November 11

Anmol Kaur Bawa

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