Business

‘Democracy in ‘great peril’: Former SC judge on SIR

By Sohail Khan 5 October 2026, 12:04 pm

Benchmarks
Nifty22,444.3522.4

FEATURED FUNDS★★★★★

Motilal Oswal Midcap Fund Direct-Growth

5Y Return
19.6 %

Invest Now

Enter search text:

Business News›News›Politics›Democracy in 'great peril' as 'malfunctioning' EC deletes voters: Former SC judge Justice Rohinton Fali Nariman

Read Today's Paper

Democracy in 'great peril' as 'malfunctioning' EC deletes voters: Former SC judge Justice Rohinton Fali Nariman
Synopsis

Justice Rohinton Fali Nariman has raised alarms about democracy's integrity due to unauthorized voter removals. He highlighted that around 90 lakh voters in West Bengal have been disenfranchised, with many unable to appeal against their deletions. Nariman criticized the Election Commission's appointment process and its functioning, suggesting the need for reform. Concerns about disenfranchisement were echoed by Justice Ujjal Bhuyan, emphasizing its arbitrary nature.

‘Democracy in peril’: Justice Nariman flags ‘illegal’ deletions — Justice Rohinton Fali Nariman has raised alarms about democracy's integrity due to unauthorized voter removals

Former Supreme Court judge Justice Rohinton Fali Nariman has warned that democracy is in “great peril” as voters are illegally removed from electoral rolls, flagging what he called the “malfunctioning” of the Election Commission and questioning the process through which election commissioners are appointed, on Monday.

Nariman made the remarks on Sunday, a day before the Supreme Court scheduled pleas' hearing linked to the Special Intensive Revision (SIR) of electoral rolls and a petition seeking the suspension of Chief Election Commissioner Gyanesh Kumar over alleged “unilateral decisions”.

Also Read: ‘Strikes at very heart of Constitution’: SC judge Ujjal Bhuyan on SIR mass voter deletions

Speaking on ‘The Constitution and the Common Man’ at Rajkumar College in Rajkot, Nariman said the deletion of voters in West Bengal had demonstrated the dangers of disenfranchisement on a massive scale.

He said around 90 lakh voters had been disenfranchised in the state, of whom about 22 lakh had filed appeals, while those who did not challenge their deletion may have lacked the resources or access to justice to do so.

The report said that appellate tribunals in West Bengal had upheld the deletion of only 8,649 voters out of around 1.2 lakh cases decided at the time. This meant that roughly 93% of adjudicated cases had been decided in favour of voters challenging their removal from the electoral rolls.

Nariman said almost all of around 1 lakh appeals had been decided in favour of voters, arguing that the figures pointed to the illegal removal of ordinary citizens from the electoral rolls.

“So, you can imagine this was completely illegal — knocking out of the common man, the citizen of India in order that a government obtains what it wants,” Nariman said. He described the developments in Bengal as “very, very disturbing”, saying they had resulted in the government of the day being ousted and another government coming to power.

The former judge said the right to vote was at the heart of democracy and expressed hope that the Supreme Court would intervene to correct what he described as problems in the electoral system.

“I hope the apex court, the institution to which I once belonged, steps in immediately and rectifies these things. You can't have an EC which functions or malfunctions like this,” he said.

Nariman also identified the appointment process of election commissioners as a key constitutional concern, arguing that it should not remain solely in the hands of the government of the day. He suggested that the selection process should involve the prime minister, the leader of the Opposition and the Chief Justice of India or his nominee.

“The first important red flag qua the Constitution and the common man is the appointment process of election commissioners,” he said.

His comments came as another Supreme Court judge, Justice Ujjal Bhuyan, separately raised concerns over the consequences of large-scale disenfranchisement. ANI reported that Bhuyan, speaking at the valedictory ceremony of the 19th NALSAR BRS Moot Court Competition in Hyderabad on Sunday, said any process that disenfranchised millions of citizens and left them without voting rights was “intrinsically arbitrary”.

Also Read: Around 15 police personnel injured, 110 detained during Jantar Mantar protest: Sources

“If any process results in disenfranchising millions and millions of Indian citizens, making them second-class citizens in their own country in the sense of being citizens without voting rights, such a process is intrinsically arbitrary,” Bhuyan said. “It strikes at the very heart of the Constitution.”

The remarks by both judges came against the backdrop of the continuing political and legal controversy over the Election Commission’s SIR exercise. Opposition parties have targeted CEC Gyanesh Kumar and demanded his resignation, while the Supreme Court is examining challenges linked to the electoral-roll revision process.

The apex court had earlier upheld the SIR exercise in Bihar. In May, a bench of Justices Surya Kant and Joymalya Bagchi held that the exercise was constitutional and legally tenable and could not be struck down merely because it differed from the ordinary process of revising electoral rolls.

The court had also clarified that the Election Commission’s powers in the exercise were limited to determining eligibility for inclusion in electoral rolls and did not extend to determining citizenship. Deletion of a person’s name from the voter list, it said, did not strip that person of citizenship, which could be determined only by the competent authority under law.

Add as a Reliable and Trusted News Source
Add Now!

(You can now subscribe to our WhatsApp channel)

(You can now subscribe to our WhatsApp channel)

Read More News on
Election CommissionJustice NarimanSupreme Courtdisenfranchisementelectoral rollsdemocracy in perilvoter deletionsWest Bengal electionsGyanesh Kumarmalfunctioning EC

Enter search text:

Continue reading with one of these options:
Limited Access
Free
Login to get access to some exclusive stories

& personalised newsletters
Login Now

Unlimited Access
Starting @ Rs120/month
Get access to exclusive stories, expert opinions &

in-depth stock reports
Subscribe Now

Unlock Access to All Exclusives with ETPrime FREE TRIAL

15 Days Free: Unlock All ETPrime Exclusives, Market Tools & ePapers

Trial offer expiring in00 : 05 : 00

I'd rather pay ₹2599 now

Uh-oh! This is an exclusive story available for selected readers only.

Worry not. You’re just a step away.

Prime Account Detected!

It seems like you're already an ETPrime member with

Log out of your current logged-in account and log in again using your ET Prime credentials to enjoy all member benefits.

Unlock ETPrime's Exclusive Stories Today!

Subscribe to gain powerful insights on business, stock market and industry trends.

Big Price Drop! Flat 40% Off

Student Only Offer

Already a Member? Sign In now

Already a Member? Sign In now
Already a Member? Sign In now

Offer Exclusively For You

Save up to Rs. 700/-

ON ET PRIME MEMBERSHIP

Avail Offer

Offer Exclusively For You

Get 1 Year Free

With 1 and 2-Year ET prime membership

Avail Offer

Offer Exclusively For You

Get 1 Year Free

With 1 and 2-Year ET prime membership

Avail Offer

Offer Exclusively For You

Get Flat 40% Off

Then ₹ 1749 for 1 year

Avail Offer

Offer Exclusively For You

ET Prime at ₹ 49 for 1 month

Then ₹ 1749 for 1 year

Avail Offer

Special Offer

Get flat 40% off on ETPrime

Avail Offer
Avail Offer

Claim NowAlready a Member? Sign In now

Need Assistance?

Connect with an ETPrime expert for personalized support and guidance

+91 9484700004

' + h3 + '

' + h4 + '

' + listing + '

What’s Included with

ETPrime Membership

1Exclusive Insights That Matter

Uncover the truth with our investigative stories

Make strategic moves using the real-world case studies

Read industry-specific stories to identify emerging trends

Spot opportunities with in-depth insights that matter

Trump temper on H-1B visas is forcing Indians to do these things to stay put in US

What Adani’s US indictment means for India Inc’s overseas fundraising
Why veterans like Reliance, L&T are on acquisition spree? Aswath Damodaran has an answer.

Will China’s dollar bond sale in Saudi Arabia trump the US in financial world?
Huawei launches its own OS to compete with Google and Apple. But can it win beyond China?

The problem with lab grown diamonds
Why a falling rupee is a better option for the economy

A list of top 20 momentum stocks that have delivered massive returns in one year