In a significant judicial development, the Supreme Court of India has exercised its powers under Article 142, ordering the formation of a tribunal to address appeals concerning claims for inclusion in the Bengal voter list. This tribunal will consist of a retired Chief Justice and former judges from the Calcutta High Court as well as neighboring High Courts. The decision was made by a bench led by Chief Justice Surya Kant, along with Justices R Mahadevan and Joymalya Bagchi. They maintained that no bureaucrat serving as an Electoral Registration Officer (ERO) should be involved in appeals regarding the orders issued by judicial officers responsible for evaluating the claims of approximately 60 lakh voters categorized as having ‘logical discrepancies’ and those that are ‘unmapped’.

Nomination Process and Tribunal Notification

The Supreme Court has empowered the Chief Justice of the Calcutta High Court to nominate the retired Chief Justice and former judges to the newly established tribunal. In a directive, the Election Commission has been tasked with notifying the tribunal, in consultation with the Calcutta High Court Chief Justice and the retired Chief Justice, regarding its formation and operational procedures.

Concerns Over Electoral Process and Judicial Efficiency

The bench expressed its dissatisfaction with the number of applications from supporters of the Trinamool Congress and private individuals pertaining to the Special Intensive Revision (SIR) process. They dismissed such applications and cautioned that contempt proceedings could follow if similar actions were repeated. Additionally, the Supreme Court voiced concern about delays in the creation of secure identities for judicial officers by the Election Commission, expressing doubts about the intentions of the state government and the commission. Chief Justice Surya Kant emphasized the necessity of timely issuing these identities to facilitate the judicial officers’ work.

Judicial Officer Performance and Claim Processing

During the proceedings, it was noted that over 500 judicial officers from Bengal and around 200 from Jharkhand and Odisha have been working diligently, handling claims seven days a week. More than 10 lakh claim applications have been processed successfully. Senior advocate Menaka Guruswamy highlighted the absence of an appellate forum for voters whose claims had been denied by judicial officers. In response, Chief Justice Kant asserted that he would not tolerate any questioning of the judicial officers’ work and issued a warning against future challenges.

Calls for Transparency in Claim Rejections

Advocate Kalyan Banerjee raised concerns regarding the delayed publication of a supplementary voter list, which should include the names of individuals whose claims have been accepted. He argued that rejections of claims should include reasons to allow those affected to appeal to a designated forum. The bench instructed both the state government and the Election Commission to aid the judicial officers, who are operating as agents of the Supreme Court, in executing their duties efficiently.

Judicial Officers’ Role in Voter List Preparation

Chief Justice Kant emphasized the substantial risk the Supreme Court undertook by assigning the SIR responsibilities to judicial officers, acknowledging their tireless efforts. He underscored the importance of this undertaking for ensuring free and fair elections. He reaffirmed that while citizens possess a constitutional right to be included in voter lists, provisions must be in place to prevent the inclusion of intruders and illegal migrants.

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