New Delhi, December 2, 2025 – In a move highlighting ongoing concerns over illegal immigration and electoral integrity in Assam, a public interest litigation (PIL) has been filed in the Supreme Court of India, questioning the Election Commission of India's (ECI) decision to conduct only a "Special Revision" of electoral rolls in the state, while implementing a more rigorous "Special Intensive Revision" (SIR) across 13 other states and Union Territories.
The petition, filed by Mrinal Kumar Choudhury, a former President of the Gauhati High Court Bar Association, accuses the ECI of arbitrary and discriminatory treatment of Assam voters. It argues that the exclusion from SIR undermines efforts to cleanse the electoral rolls of potentially ineligible entries, particularly amid the state's long-standing issues with undocumented immigrants. The matter comes at a sensitive time, just months ahead of Assam's Assembly elections expected in early 2026, where demographic shifts could play a pivotal role.
Discriminatory Treatment? The Core of the Petition
At the heart of the plea is the ECI's order dated November 17, 2025, which opted for a limited "Special Revision" in Assam – a process involving basic updates to voter lists without door-to-door verification – instead of the comprehensive SIR rollout nationwide. SIR, as implemented in states like Bihar, Chhattisgarh, Goa, Gujarat, Kerala, Madhya Pradesh, Rajasthan, Tamil Nadu, Uttar Pradesh, West Bengal, and Union Territories including Andaman and Nicobar Islands, Lakshadweep, and Puducherry, entails intensive house-to-house checks to verify voter eligibility, delete bogus entries, and ensure accurate demographic representation.
Choudhury's petition contends that this disparity contradicts the ECI's own assurances. In its order for Bihar's SIR and an affidavit submitted to the Supreme Court, the poll body had pledged a uniform nationwide SIR to enhance electoral accuracy. "The ECI has acted in an arbitrary and discriminatory manner," the plea states, emphasizing that Assam's exclusion leaves millions of voters vulnerable to manipulation by ineligible participants.
The petitioner draws on historical data to underscore the urgency: A 1997 report by then-Assam Governor Lt. Gen. S.K. Sinha and statements from former Union Home Minister Indrajit Gupta estimated 40-50 lakh illegal immigrants in the state at the time. Choudhury alleges that lakhs of such individuals remain, with their names already embedded in Assam's electoral rolls. Without SIR's stringent verification, he warns, these entries could translate into undue voting influence, "cascading into a socio-political upheaval and demographic imbalance" during the polls.
The plea also invokes Supreme Court precedents, including the landmark Sarbananda Sonowal I and II judgments (2005 and 2007), which flagged illegal immigration's threat to Assam's demographic fabric, and ongoing proceedings on Section 6A of the Citizenship Act, 1955. These rulings, the petition argues, compel proactive measures like SIR to safeguard the state's electoral process.
Aadhaar in the Crosshairs
Adding another layer of contention, the PIL seeks a directive barring Aadhaar cards as valid proof for voter inclusion during the revision. The petitioner claims this would prevent further infiltration of ineligible names, aligning with privacy and citizenship verification norms under the Aadhaar Act.
ECI's Rationale and Broader Context
The ECI has not publicly detailed its rationale for Assam's differential treatment in recent statements, though earlier reports suggest links to the state's unfinished National Register of Citizens (NRC) process, finalized in 2019 but mired in appeals and re-verifications. The NRC, aimed at identifying genuine Indian citizens in Assam, excluded over 19 lakh people, sparking protests and legal battles. Critics, including opposition voices, have long accused the ECI of diluting scrutiny in border-sensitive regions like Assam to avoid political backlash
The petition, settled by Senior Advocate Vijay Hansaria and filed through Advocate Anasuya Choudhury, urges the Supreme Court to quash the November 17 order and mandate SIR in Assam forthwith, mirroring other regions. A bench is yet to be assigned, but the case could be listed for urgent hearing given its implications for the 2026 elections.
Reactions and Implications
While the ECI has remained silent on the plea, Assam's political landscape – dominated by debates over indigeneity and migration – is abuzz. The Assam BJP, in power since 2016, has championed NRC and anti-infiltration drives, but faces accusations from regional parties like the Asom Gana Parishad of softening on electoral safeguards. Opposition leaders have echoed the petition's concerns, calling it a "betrayal of Assam's sons of the soil."
If admitted, the PIL could force a nationwide recalibration of voter verification protocols, potentially delaying polls but bolstering transparency. As Assam grapples with its complex identity, this legal showdown underscores the enduring fault lines of migration, citizenship, and democracy in India's Northeast.
For More News Updates Follow Us On Www.tconews.
