Why in the News
The Supreme Court of India expanded the pool of judicial officers assisting the Election Commission of India in completing the Special Intensive Revision (SIR) of electoral rolls in West Bengal, invoking its powers under Article 142 of the Constitution.
Background
- Around 50 lakh claims and objections were pending.
- Voters were excluded due to “logical discrepancies” or “unmapping” in draft rolls.
- 294 district and additional district judges were initially deployed.
- The Calcutta High Court Chief Justice flagged manpower shortage.
- The Supreme Court earlier took the “extraordinary” step of involving the judiciary in the SIR process due to a perceived trust deficit between the State government and the EC.
Key Directions by the Supreme Court
1. Expansion of Judicial Officers
- Permitted deployment of civil judges (senior and junior division) with at least three years’ experience.
- Allowed the Calcutta High Court Chief Justice to request judges from:
- Jharkhand High Court
- Orissa High Court
- Both neighbouring High Courts were asked to consider such requests sympathetically.
2. Verification Process
- Verification to follow EC’s October 27, 2025 SIR notification.
- Accepted documents include:
- Aadhaar
- Class 10 admit card
- Class 10 pass certificate
3. Publication of Electoral Rolls
- EC permitted to publish voter list on February 28, 2026.
- Supplementary lists to be issued continuously till nomination filing.
- Under Article 142, the Court declared that voters added in supplementary lists would be deemed part of the final roll.
Constitutional Provisions Involved
- Article 324: Gives superintendence, direction and control of elections to the Election Commission.
- Article 142: Empowers the Supreme Court to pass any order necessary for doing complete justice.
| [2019] With reference to the Constitution of India, prohibitions or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?Â
(a) The decisions taken by the Election Commission of India while discharging its duties cannot be challenged in any court of law. (b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the Parliament. (c) In the event of grave financial crisis in the country, the President of India can declare Financial Emergency without the counsel from the Cabinet. (d) State Legislatures cannot make laws on certain matters without the concurrence of Union Legislature. |
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