The Supreme Court of India has indicated it possesses the authority to direct the Election Commission of India (ECI) to extend the deadline for publishing draft electoral rolls, provided a compelling case is established. This significant observation came during hearings on petitions challenging the ongoing Special Intensive Revision (SIR) of voter lists in several states.
Court's Stance on Deadline Extension
A bench led by Chief Justice of India Surya Kant explicitly stated that statutory deadlines should not constrain the court's power to ensure justice. "So what? If you make out a case, then we can direct them to extend the date. Can that date be a ground for the court to say that we don't have any power now? The court can always say," Justice Kant remarked. The bench, which also included Justice Joymalya Bagchi, was addressing concerns that the current SIR schedule might not provide sufficient time for proper implementation and legal scrutiny.
State-Wise Hearing Schedule and Concerns
The Supreme Court has established a clear timeline for hearing the various petitions against the SIR exercise:
- Kerala petitions will be heard on December 2, given the urgency created by upcoming local body elections scheduled for December 9 and 11.
- Tamil Nadu's challenge is set for hearing on December 4.
- The West Bengal cases will be taken up on December 9.
This scheduling comes amid serious operational challenges. The process has been threatened by deaths of booth-level officers (BLOs) in states like Kerala, Tamil Nadu, and Rajasthan, with multiple complaints highlighting excessive workloads during the revision process.
ECI's Response and Progress Report
Opposing requests to defer the SIR exercise, Senior Advocate Rakesh Dwivedi, representing the ECI, presented a progress report indicating significant advancement. He informed the court that 99% of voters in Kerala have already received enumeration forms, and 50% of these forms have been digitized.
"The State Election Commission and the Election Commission of India are collaborating with each other. There was a meeting with the officials of various districts. There is no problem. We just need a small section of BLOs. The Commissions are not finding any difficulty," Dwivedi asserted. He emphasized that both electoral bodies were working in coordination and facing no substantial operational hurdles.
Senior Advocate Kapil Sibal, appearing for Kerala, successfully urged the court to prioritize the state's petitions due to the imminent local body elections, leading to the December 2 hearing date.
Constitutional Challenges and Next Steps
Beyond logistical concerns, some petitions have raised fundamental constitutional objections to the entire SIR exercise. The court has directed the ECI to file counter-affidavits responding to all allegations raised in the various petitions.
According to the second-phase SIR schedule, enumeration forms must be submitted by December 4, with the draft electoral rolls scheduled for publication on December 9. The Supreme Court's willingness to consider extending these deadlines provides potential relief for petitioners who argue the current timeline compromises the integrity of the electoral revision process.
The upcoming hearings in early December will determine whether the court finds merit in these challenges and whether the ECI will receive directions to adjust its schedule for the Special Intensive Revision currently underway across twelve States and Union Territories.
