5 months ago
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The Supreme Court connected Tuesday (December 9, 2025) pointed to the peculiar protective laws successful spot successful Assam addressing the region’s unsocial needs portion proceeding a petition alleging that the Election Commission of India (EC) has discriminated against the State by not conducting a Special Intensive Revision (SIR) of its electoral rolls contempt the alleged beingness of “40 to 50 lakh amerciable immigrants” adjacent mode backmost successful 1997.
A Bench headed by Chief Justice of India (CJI) Surya Kant said it would perceive adjacent week the petition filed by Mrinal Kumar Choudhury, erstwhile President of Gauhati High Court Bar Association, questioning wherefore revision of electoral rolls successful Assam was lone by mode of “special revision” and not an SIR, arsenic done successful Bihar and presently underway successful 12 different States and Union Territories, namely, Chhattisgarh, Goa, Gujarat, Kerala, Madhya Pradesh, Rajasthan, Tamil Nadu, Uttar Pradesh, and West Bengal, Andaman and Nicobar Islands, Lakshadweep, and Puducherry.
The petitioner relied connected a study of erstwhile Assam Governor Lt. General S.K. Sinha and ex-Home Minister of Assam Indrajit Gupta successful 1997 that determination were “40-50 lakhs amerciable immigrants” successful the State. The petition asked whether the SIR’s avowed nonsubjective to support the purity of the electoral rotation did not use to Assam.
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Even the Supreme Court had raised the contented of adverse demographic interaction successful presumption of the beingness of ample amerciable immigrants, particularly successful a lawsuit challenging Section 6A Citizenship Act.
“There are lakhs of amerciable immigrants successful Assam whose names person been incorporated successful the electoral roll, and unless SIR is conducted these persons volition get close to ballot successful the upcoming Assembly elections successful Assam which volition person a cascading effect connected the socio-political script and effect successful demographic imbalance,” the petition, settled by elder advocator Vijay Hansaria and filed done advocates Anasuya Choudhary and Sneha Kalita, submitted.
The plea questioned the “discrimination” shown to Assam erstwhile determination was nary quality connected the crushed realities betwixt Assam and the different 12 States wherever SIR was underway.
Under the peculiar revision, electors were not required to taxable immoderate papers successful impervious of their citizenship, property and residences.
“Whereas, successful the lawsuit of SIR, electors are required to taxable their documents arsenic impervious of their citizenship, property and residence successful enactment of their assertion to beryllium included successful the electoral roll,” Mr Hansaria submitted.
He contended that the determination to behaviour lone a peculiar revision successful Assam was contrary to a June 24 a determination of the EC to clasp an SIR crossed India.
“The colonisation of Assam has accrued successful a ratio overmuch higher than the remainder of the country. This is chiefly for the crushed that determination is simply a ample fig of amerciable immigrants successful the State from the neighbouring countries. The Election Commission is nether a law mandate to revise the electoral roll. The determination whether to behaviour an intensive revision oregon a summary revision has to beryllium taken connected the ground of crushed realities. It is not the implicit discretion of the Election Commission to determine the revision of electoral rotation intensively oregon summarily,” Mr. Hansari argued.
