West Bengal SIR: Plea in Supreme Court raises concern that migrants protected by CAA may be left out from voter list

The Supreme Court on Monday issued notice on a plea raising concerns that migrants who are eligible to be deemed as being Indian citizens under the Citizenship (Amendment) Act, 2019 (CAA) are facing a risk of removal from the voters' list amid the ongoing Special Intensive Revision (SIR) of electoral rolls in West Bengal [Aatmadeeр v. The Unlon of India & Ors].

The petition has been filed by a non-governmental organisation (NGO) named Aatmadeep.

The plea highlights that several applications for naturalisation by migrants, recognised as persecuted minorities who are eligible for Indian citizenship under the CAA, remain pending due to administrative delays.

The petition adds that many similarly placed individuals are waiting to apply for such citizenship under Section 6B through the online system established by the Citizenship (Amendment) Rules, 2024.

Most of such applicants have been residing in India for several years and their names appear on the 2025 electoral rolls, the petition points out.

The petitioner has called for directions to protect such persons, so that they may be provisionally enrolled as voters during the ongoing SIR.

The matter was briefly heard by the Bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi.

Representing the petitioner, Senior Advocate Karuna Nandy said,

I am mainly for Hindus and also for Buddhists, Christians etc from Bangladesh. Even though we came way before 2014 we do not have protection under CAA. I am seeking what is already given in Basudev judgment and I should be provisionally on the SIR."

“We cannot draw distinctions only because someone is Jain, Buddhist (persecuted minorities under the CAA) etc. We have to see the concept of deemed citizenship and right is there but right has to be seen on case-to-case basis," observed CJI Kant.

The Court said it will hear the matter further along with connected cases on December 9.

The plea raises concerns on behalf of individuals covered by the proviso to Section 2(1)(b) of the Citizenship Act, 1955, inserted by the CAA 2019.

This provision covers Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan (persecuted minorities in other countries) who entered India on or before December 31, 2014 and who were exempted under the Passport (Entry into India) Act, 1920 or the Foreigners Act, 1946.

Under the amendment, such individuals can apply for registration or naturalisation as Indian citizens under Section 6B, which was also introduced by the 2019 amendment.

The plea before the top court contends that there has been a great deal of uncertainty throughout the SIR process due to the delay in issuing citizenship certificates to such persons and the non-recognition of acknowledgement receipts generated upon online submission.

The petition claims that the receipts are the main and official proof that an individual has applied for naturalisation in accordance with the 2024 Rules.

In a situation where the government has not disposed of applications within any fixed timeframe, the petitioner contends that such receipts should function as provisional proof of pending citizenship determination for limited civil purposes, including inclusion or retention of names in electoral rolls.

The petition further submits that the second proviso to Section 6B(3) protects applicants from being deprived of their rights and privileges as of the date of application.

The petitioner argues that the failure to recognise acknowledgement receipts during the SIR undermines this statutory protection and may result in widespread exclusions from electoral rolls.

The plea also cites reports indicating distress among affected applicants about being excluded from the voters' list.

"Several newspaper reports are there where panic-stricken persons have committed suicide," the plea says.

The Calcutta High Court had earlier declined to interfere in the matter, observing that the plea appears to be based on apprehensions and not an actual deprivation of any right. The High Court had added that it would be more appropriate for affected individuals to file petitions in their individual capacity and that a public interest litigation (PIL) by an NGO was not the right course.

After the High Court dismissed the PIL on such grounds, the NGO has now approached the top court for relief.

The prayers made in the plea include:

- To direct the authorities to expedite the issuance of citizenship certificates where applications have been made by migrants covered by the CAA, so that the same may be submitted during the ongoing SIR

- Extend the time given to submit information during the ongoing SIR verification process, particularly for migrants covered by CAA who have applied for naturalization as a citizen of India under Section 6B of the Citizenship Amendment Act, 1955.

The plea has been filed through Advocate Anish Roy.