Supreme Court declines plea for SIR of electoral rolls in Assam

The Supreme Court on Thursday refused to entertain a plea seeking a Special Intensive Revision (SIR) of electoral rolls in Assam, observing that the State’s citizenship concerns have a distinct legislative and judicial backdrop.

A Bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi disposed of the petition after recording the Election Commission’s statement that the revision exercise in Assam has already been completed.

“It cannot be conducted in Assam due to previous legislative and judicial history. The issue of who is foreigner and who is not has to be seen. Election Commission cannot declare someone a foreigner unless the tribunal holds so," CJI Kant remarked.

Senior Advocate Vijay Hansaria appeared for the petitioner.

Solicitor General Tushar Mehta, for the Union of India, told the Court,

“Our reply is ready. We will file it.”

Appearing for the ECI, Senior Advocate DS Naidu submitted,

“There have been repeated revisions...the final electoral roll was published on February 10, 2026 and thus this is infructuous now.”

Justice Bagchi remarked,

“Assam on citizenship concern is on an asymmetric level. Mr Hansaria maybe you can try next time.”

The petition was filed by Mrinal Kumar Choudhury, former President of the Gauhati High Court Bar Association. It questioned the Election Commission’s November 17 order to carry out only a “Special Revision” in Assam, while conducting a “Special Intensive Revision” in Bihar and twelve other States and Union Territories.

The petitioner had argued that the Commission had acted arbitrarily and discriminatorily by adopting a lower form of revision in Assam, even though in its Bihar SIR order and in an affidavit before the Supreme Court it had stated that a Special Intensive Revision would be undertaken across the country.

Reliance was placed on the report of former Assam Governor Lt General SK Sinha and statements of then Union Home Minister Indrajit Gupta to contend that between 40 to 50 lakh illegal immigrants were residing in Assam as far back as 1997.

The plea alleged that unless an SIR was conducted, persons residing illegally in the State would continue on the electoral rolls and acquire voting rights in the upcoming Assembly elections, which would have serious socio political consequences and alter the demographic balance.