Supreme Court Bench, Kapil Sibal, and Prashant Bhushan debate timing, data privacy, and the Election Commission’s powers while hearing multiple petitions challenging the EC's special intensive revision of electoral rolls
The Supreme Court, led by Justice Surya Kant, on November 11, 2025, heard pleas challenging the Election Commission of India’s (ECI’s) decision to conduct a pan-India Special Intensive Revision (SIR) of electoral rolls. The DMK, through Senior Advocate Kapil Sibal, and the NGO Association for Democratic Reforms (ADR), represented by Prashant Bhushan, were the primary petitioners.
The debate centred on both the practicality and legality of the SIR process. Mr. Sibal argued that the SIR’s hurried timeline and lack of attention to geographical and cultural variations —like monsoons and harvest seasons in Tamil Nadu — make it a “farcical exercise” that disadvantages rural and poor residents. Mr. Bhushan, representing ADR, urged the Court to prevent the EC from determining citizenship and proposed alternative solutions for de-duplication using existing software and verification through Gram Sabhas, insisting on the need for transparency.
Meanwhile, the EC complained about parallel hearings in various High Courts (HCs), prompting the Supreme Court to request that HCs defer proceedings on the validity of the SIR in their respective States. The Court acknowledged the seriousness of the matter, issuing notice to the EC in all six related petitions and posting the next hearing for November 26.
Here are the updates:
November 11, 2025 15:53Fate of country depends on SIR: Kapil Sibal
Kapil Sibal suggests, “The EC should respond to the larger issues and the petitioners would reply. It would be quicker that way. Otherwise, timelines are passing by and whole thing would become infructuous. This has to be decided before the elections take place.”
The fate of the country depends on the SIR issue, says Mr. Sibal.
The Court posts the matter for further hearing on November 26.
November 11, 2025 15:44Aadhaar is proof of identity: Justice Bagchi
Form 6 cannot include Aadhaar, Ashwini Kumar Upadhyay argues.
Justice Bagchi says, “Aadhaar is a proof of identity. If the EC can use caste or birth certificates as proof of identity in SIR, Aadhaar can also be used.”
November 11, 2025 15:34EC should be aware of the different situations in different States: Justice Kant
Justice Bagchi says the problem is non-acknowledgement of enumeration forms. He notes that “We thought the most effective would be at the ground level — BLA and BLO. We should do SIR by adopting the best practices and new lessons learnt so it is easily accessible to all.”
Justice Kant says the EC should be aware of the different situations in different States, adding, “What may be required in Bihar may not be required in T.N.”
Senior Advocate Rakesh Dwivedi, for the EC, says T.N. is one of the most developed States.
The SC issues notice in the ADR application, posts it for November 26.
November 11, 2025 15:31SC Bench uses analogy to stress need for EC data protection measures
Prashant Bhushan says if computer scientists can crack code to make electoral rolls in a machine-readable format, why can the EC not do it.
Justice Bagchi responds, asking: “PB, you lock your house. Thieves break open the lock. Is it reason for you to not lock your house ever again?“
Justice Bagchi says the EC can have layers upon layers of protection to protect voter privacy.
November 11, 2025 15:27EC holds the data in public trust: Justice Bagchi
Prashant Bhushan says the EC has to show how machine-readable [rolls] prejudice anyone.
Justice Bagchi says the SC is looking at the polycentric impact of making rolls available in a machine-readable format. Data could be mined, and the EC holds the data in public trust.
Prashant Bhushan reasons the same data is already available in a non-machine-readable format.
Justice Bagchi moots the facility could be made accessible on an individually identifiable basis through a password system.
November 11, 2025 15:23SC judgment on voter privacy and machine-readable rolls
Justice Kant tells Prashant Bhushan that he is basically asking the EC to adhere to its own rules. He asks the EC to respond to this application. The 2003 electoral roll should be available in a machine-readable form. This is so that voters can verify the presence of their parents’, relatives’, or their own names in the 2003 rolls.
Mr. Bhushan says this would only ensure transparency.
Justice Bagchi refers to the 2018 Kamal Nath case judgment, in which the SC had observed against the release of machine-readable voter lists as it may lead to violation of voter privacy.
November 11, 2025 15:19Do not let the EC determine citizenship, Prashant Bhushan urges SC
Advocate Prashant Bhushan, for ADR, urges the SC not to let the EC determine citizenship.
Justice Kant says that would be a negative direction, commenting, “if they are having power they will determine, if not, they will not.”
Prashant Bhushan says there are alternative ways to detect duplication of names in electoral rolls. He suggests the EC has a de-duplication software, which could be used to weed out duplicate names in the voter list. Gram or panchayat sabhas can be called to verify electoral rolls for SIR, says Mr. Bhushan. He adds that acknowledgment slips for enumeration forms should be given to electors. They (EC) are not putting up enumeration forms on the website, says Mr. Bhushan.
November 11, 2025 15:16Supreme Court fixes November 26 for next hearing
The EC also shares with the Court that some States are “competing to highlight how backward they are” and possessing such poor connectivity that they cannot “bear the rigours of SIR”.
The AIADMK is supporting SIR in the SC. The DMK is objecting.
Justice Joymalya Bagchi, on the Bench, is saying political battles should be fought in political fora.
The Supreme Court fixes November 26 for the next hearing.
The AIADMK is referring to the DMK, saying the ruling party’s argument of poor connectivity in T.N. is odd.
November 11, 2025 15:02Supreme Court requests HCs to defer hearings
Kapil Sibal states that in the SIR 2.0 the enumeration stage will continue till December 4. The Election Commission will release the draft electoral rolls on December 9, and the final electoral rolls will be published on February 7, 2026.
Justice Kant says the EC would file a counter affidavit on the factual aspects of SIR 2.0 and “some issues of law”, adding that the question of constitutionality of SIR will be heard later.
The EC complains that some High Courts (HCs) are hearing SIR petitions. The SC requests HCs to defer the proceedings in these petitions concerning the validity of the SIR in their respective States.
November 11, 2025 14:59SC issues notice in all six petitions challenging SIR
Justice Kant orders a notice to be issued to the ECI on the Tamil Nadu petition.
The EC states there are six separate petitions against the SIR and requests two weeks to file a counter-affidavit.
Justice Kant then remarks, “You want to project as if revisions of electoral rolls are happening for the first time in the country.” Mr. Sibal counters that it has not been done like this in the past, noting, “In the past, revision took three years, [while] EC is doing this in one month.”
The Supreme Court issues notice in all six petitions challenging the SIR exercise.
November 11, 2025 14:55SIR process lacks specific timelines and statutory backing: Sibal
Responding to Justice Surya Kant’s assertion that things have been rectified, Senior Advocate Kapil Sibal countered that there are swathes of areas where there is no connectivity
Mr. Sibal raises concerns that the SIR process lacks specific timelines and statutory backing. “Through whom would they communicate the process. This is not a preliminary exercise, which has already started. Earlier preliminary notice was given during the exercise, now that has been stopped. BLO has been given wide powers,” says Mr. Sibal.
Justice Surya Kant says “this is ultimately going to be a farcical exercise”.
Mr. Sibal says that the documents used in Bihar SIR are being used for T.N.
Justice Kant asks: “Why are you being so apprehensive? They will have to do this properly.”
Mr. Sibal responds, “Why this great hurry? I do not want a stay. ECI, I, and you want the system to work. This is not an adversarial litigation.”
November 11, 2025 14:50Hearing begins; Kapil Sibal raises serious question about timing of SIR
Senior advocate Kapil Sibal, appearing for the DMK’s petition filed through R.S. Bharathi, raised serious questions about the timing of the Special Intensive Revision (SIR), arguing that the geographical and cultural variations across the country, such as the monsoon season, harvest time, and major festivals (like Christmas and Pongal) in Tamil Nadu, make this an un-conducive time for the exercise and put poor and rural residents at a disadvantage, highlighting that what is relevant in Tamil Nadu may not be relevant elsewhere.
November 11, 2025 14:16West Bengal CM Mamata criticises rushed voter revision exercise
West Bengal Chief Minister Mamata Banerjee has criticised the hurried Special Intensive Revision (SIR) process, comparing it to demonetisation. She said, “SIR is like a ‘Vote Bandhi’, earlier it was ‘Note Bandhi’. They should have taken two years for the SIR process. Why are you in such a hurry?”
Ms. Banerjee on Monday (November 10) stressed that the exercise cannot be completed in just two months. “It is not possible to complete the SIR process within two months. It takes at least two years. I believe the process should be carried out over the next two years. BJP is pushing this hurriedly to gain an advantage in the upcoming Bengal elections. Many people in Bengal have not yet received the forms. The SIR process should be stayed. I strongly believe that only genuine voters’ names should be included in the voters list. Why is the ECI not conducting a similar SIR in Assam?” Chief Minister Banerjee asked.
Highlighting alleged harassment during the SIR process, Ms. Banerjee accused that Central authorities were “cheating and harassing” the people in the name of SIR adding that a BLO worker passed away “due to pressure”. — PTI
November 11, 2025 13:25Challenge in SC against pan-India SIR of electoral rolls
On November 7, the Supreme Court agreed to hear pleas challenging the EC’s decision to conduct pan-India SIR of electoral rolls on November 11.
A Bench headed by Justice Surya Kant said it will start hearing the pleas from November 11 onwards.
Advocate Prashant Bhushan, appearing for the NGO Association of Democratic Reforms (ADR), had sought urgent hearing in the matter, saying the issue goes to the root of democracy.
The Supreme Court is already hearing pleas challenging the validity of the poll panel’s decision to conduct the SIR exercise in Bihar.
November 11, 2025 13:09SIR will lead to fresh voter list in Tamil Nadu, ECI tells Madras High Court
Unlike the Special Summary Revision (SSR) of electoral rolls undertaken annually and also before every Assembly or Lok Sabha polls, the Special Intensive Revision (SIR) to be undertaken in Tamil Nadu this year would lead to the creation of a fresh list of eligible voters in the State, the Election Commission of India (ECI) told the Madras High Court on Monday (November 3, 2025).
Appearing before the first Division Bench of Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan, ECI standing counsel Niranjan Rajagopalan explained the difference between the SSR and SIR. He said, the SSR retains an existing list and requires only the voters who want inclusion or exclusion from the list to make applications in the prescribed formats.
On the other hand, the SIR requires every voter in the existing list too to submit an enumeration form which could be either downloaded from the ECI website or provided to the voters by the Booth Level Officers (BLOs). The BLOs shall collect one copy of the enumeration form and sign the acknowledgement of the receipt in the second copy to be retained by the voters.
The voters need not attach any other document while submitting the enumeration form and they would be required to do so only if there was any mismatch between the details filled by them in the enumeration form and the existing voters’ list. The BLOs would also conduct a door-to-door verification and find out the reasons if anyone had failed to submit the enumeration form.
November 11, 2025 12:16In challenge against SIR expansion, DMK flags exercise infringes voters' right to political expression
The Dravida Munnetra Kazhagam (DMK), Tamil Nadu’s ruling party, in a maiden challenge against the expansion of Special Intensive Revision (SIR) of electoral rolls to 12 States, said the exercise is replete with “arbitrariness, unreasonableness and illegalities” and infringes voters’ right to political expression.
In a point-by-point counter to the SIR exercise itself and, in particular, the manner in which it was conducted in Bihar, the DMK, through its organising secretary R.S. Bharathi, represented by senior advocates N.R. Elango and Amit Anand Tiwari, said the second phase was bound to cause “confusion, uncertainty and disenfranchisement of a significant number of voters, as seen in the State of Bihar”.
“Universal adult suffrage, constitutionally guaranteed under Article 326, as the foundational basis of free and fair elections is integral to the democratic framework of the Republic. Wrongful exclusion from electoral rolls strikes at the very core of this guarantee and directly infringes Article 19(1)(a), which protects the expression of political opinion of which the freedom of voting is an essential extension,” the DMK highlighted.
November 11, 2025 11:58Why has ECI initiated SIR of Bihar’s electoral rolls? | Explained
Why has the Election Commission of India decided to conduct a Special Intensive Revision of the electoral rolls of the entire country? Why is Bihar first? What are some of the major contentions with the present SIR process? What about migrant workers within India?