·The Hindu

‘Over 37 lakh SIR appeals still pending in Bengal tribunals’

In this note
  1. At a Glance
  2. Why in the News
  3. Background & Evolution
  4. Core Static Facts
  5. Multi-Dimensional Analysis
  6. Recent Developments (last 12–18 months)
  7. Prelims Hooks
  8. At This Speed the Backlog Takes Years, Not Months
  9. A Pending Appeal Quietly Means 'Excluded'
  10. The Law Already Had an Appeal Route — and It Was Much Wider
  11. The Strongest Defence of the Election Commission — and Where It Fails
  12. Four Fixes, and Who Has to Make Each One
  13. Anchors for Answers
  14. Mains Relevance
  15. Related Topics to Study Next
  16. Common Errors / Trap Areas

1. At a Glance

  • Special Intensive Revision (SIR) of West Bengal's electoral rolls has generated a massive appellate backlog: 37,18,452 of 38,20,683 appeals (~97%) remain undecided in tribunals [1].
  • Tests the institutional capacity of ad hoc adjudicatory bodies created under Supreme Court supervision — a recurring UPSC theme of judiciary-EC-executive coordination.
  • Directly relevant to GS-II (Election Commission, electoral reforms, judicial oversight) and current affairs on Bihar/Bengal SIR exercises.
  • Political urgency: West Bengal Municipal elections are approaching, and voters' inclusion/exclusion status remains unresolved [1].

2. Why in the News

  • The Election Commission of India (ECI) filed an affidavit in the Supreme Court stating only 1,02,231 of 38,20,683 appeals have been disposed of, more than six months after the Court constituted the Appellate Tribunals [1].
  • The affidavit was filed following an SC order after petitioner Prasenjit Bose (Chairperson, SIR Committee, WB Pradesh Congress Committee) complained that pendency/disposal data were being kept secret and not placed in the public domain, relying on an RTI response [1].
  • Senior advocate Gopal Sankaranarayanan and advocate Neha Rathi represented the petitioner before the Court on August 28 [1].

3. Background & Evolution

  • SIR of electoral rolls is an ECI exercise for door-to-door verification/updation of voter lists, first rolled out in Bihar (2025) ahead of that state's assembly elections, later extended to West Bengal [4].
  • The Supreme Court constituted Appellate Tribunals roughly six months before September 2026 to adjudicate appeals against inclusion/exclusion decisions taken during WB's SIR [1].
  • 19 Appellate Tribunals were set up across West Bengal, headed by former High Court judges — including one led by former Chief Justice T.S. Sivagnanam, and others by Pradipta Ray and Tapen Sen [2].
  • A dedicated judicial hub with 21 chambers was created at the Dr Shyama Prasad Mookherjee Institute to house the tribunals [3].
  • The SC also directed that tribunals be given access to the "recorded reasons" behind each voter exclusion to ensure fair appellate review [3].
  • Earlier in the process (as of March 31, 2026), electoral registration officers had cleared 47.40 lakh of 65 lakh objections at the primary (pre-appeal) stage — showing swifter disposal at first instance than at the appellate stage [3].

4. Core Static Facts

Item Detail
Exercise Special Intensive Revision (SIR) of electoral rolls, West Bengal
Apex authority Election Commission of India (ECI)
Supervising court Supreme Court of India
Appellate bodies 19 Appellate Tribunals (headed by retired HC judges) [2]
Geographic coverage 24 districts of West Bengal [1]
Total appeals filed 38,20,683 (inclusions + exclusions) [1]
Appeals disposed 1,02,231 [1]
Appeals pending 37,18,452 (~97%) [1]
Petitioner Prasenjit Bose, Chairperson, SIR Committee, WB Pradesh Congress Committee [1]
Trigger mechanism RTI response cited before Supreme Court [1]
Upcoming event West Bengal Municipal elections [1]

5. Multi-Dimensional Analysis

Legal/Constitutional

  • Raises questions on Article 324 (ECI's superintendence over elections) versus judicially-created tribunal mechanisms operating under SC oversight [3].
  • Tribunal disposal delays risk disenfranchising voters before municipal polls, implicating the right to vote/right to be included in electoral rolls.

Administrative

  • A 97% pendency rate six months after tribunal constitution signals severe capacity and case-load mismatch — 19 tribunals against ~38 lakh appeals.
  • Highlights transparency deficits: petitioners had to use RTI to force disclosure of pendency data, later confirmed via SC-mandated affidavit [1].

Governance/Ethical

  • Tests accountability of ECI in publicly reporting real-time disposal statistics rather than relying on litigant-driven disclosure.
  • Underlines tension between speed vs due process in roll revision — first-stage objections cleared faster (47.4/65 lakh) than appellate matters (1.02/38.2 lakh) [3].

Political/Federal

  • Appeals backlog intersects with electoral timelines — Municipal elections in West Bengal add political urgency to unresolved voter status [1].
  • SIR in Bengal follows the Bihar SIR precedent, making it a template being tested across states with contested political stakes [4].

6. Recent Developments (last 12–18 months)

  • January 22, 2026: ECI issued directions to implement the Supreme Court's order on SIR of electoral rolls in West Bengal [3].
  • February 9, 2026: SC directed SIR exercise to continue without hindrance / ordered extension of time for objections [3].
  • March 10, 2026: SC directed ECI and West Bengal government to extend logistical support to judicial officers involved in SIR [2].
  • March 21, 2026: ECI set up 19 Appellate Tribunals in West Bengal for voter roll appeals [2].
  • March 23, 2026: ECI published the first supplementary voters' list under WB SIR [2].
  • March 25, 2026: SC directed ECI to resolve the West Bengal voter issue before April 6 [2].
  • March 31, 2026: Reported disposal of 47.40 lakh of 65 lakh objections at the primary review stage [3].
  • August 28, 2026: Petitioner's counsel raised the opacity of tribunal pendency/disposal data before the Supreme Court [1].
  • September 18–19, 2026: ECI affidavit reveals 37+ lakh appeals still pending across 19 tribunals; reported by The Hindu [1].

7. Prelims Hooks

  • Total SIR appeals filed in West Bengal: 38,20,683 [1].
  • Appeals disposed as of the ECI affidavit: 1,02,231 [1].
  • Appeals pending: 37,18,452, i.e., roughly 97% [1].
  • Number of Appellate Tribunals constituted in West Bengal: 19 [2].
  • Appeals span 24 districts of West Bengal [1].
  • One tribunal headed by former Chief Justice T.S. Sivagnanam; others led by former HC judges Pradipta Ray and Tapen Sen [2].
  • Tribunal hub location: Dr Shyama Prasad Mookherjee Institute, with 21 chambers [3].
  • SC directed tribunals get access to "recorded reasons" for each voter exclusion [3].
  • At the pre-appeal (objection) stage, 47.40 lakh of 65 lakh objections were cleared by March 31, 2026 [3].
  • Petitioner who approached SC: Prasenjit Bose, Chairperson, SIR Committee, West Bengal Pradesh Congress Committee [1].
  • Senior counsel for petitioner: Gopal Sankaranarayanan; advocate: Neha Rathi [1].
  • Disclosure of pendency data followed an RTI response, later confirmed via SC-directed ECI affidavit [1].
  • SIR of WB rolls was first modelled on the earlier Bihar SIR exercise [4].
  • Report published by The Hindu, byline Krishnadas Rajagopal, dated 19 September 2026 (article excerpt).

8. At This Speed the Backlog Takes Years, Not Months

  • Do the simple maths on the tribunals' own numbers
  • 19 tribunals disposed of 1,02,231 appeals in about six months [1][2].
  • That is roughly 570 appeals a day for all 19 put together — about 30 a day per tribunal.
  • At that same speed, the pending 37,18,452 appeals would need over 6,500 more working days. That is more than 15 years [1].

  • The load per bench was never survivable

  • 38,20,683 appeals spread over 19 benches is about 2 lakh appeals for each bench [1][2].
  • Each appeal needs the voter's papers and the officer's "recorded reasons" to be read before a decision [3].
  • So this is not a case of slow judges. The number of benches was fixed without matching it to the number of appeals.

  • The deadline that matters is not the court's, it is the poll date

  • West Bengal Municipal elections are near [1].
  • A backlog that clears in years is, for this election, the same as a backlog that never clears.

9. A Pending Appeal Quietly Means 'Excluded'

  • When an appeal is not heard, the first officer's decision stays in force
  • The electoral registration officer (ERO — the official who decides who goes on the voter list) already passed an order on each name.
  • An appeal does not pause that order. Until a tribunal sets it aside, the ERO's decision is what the roll shows.
  • So 37.18 lakh people whose appeals are untouched go into the municipal election with the disputed status they appealed against [1].

  • Delay is not neutral between the two sides

  • Someone wrongly kept on the roll loses nothing by delay.
  • Someone wrongly struck off loses the vote in that election, and that vote cannot be returned later.
  • This is why a 97% pendency figure is a voting-rights problem and not only an administrative one [1].

10. The Law Already Had an Appeal Route — and It Was Much Wider

  • Section 24 of the Representation of the People Act, 1950 gives every voter an appeal
  • A voter can appeal an ERO's roll decision to the District Magistrate (or an officer of equal rank notified by the ECI) within 15 days [5].
  • A further appeal lies to the Chief Electoral Officer of the state within 30 days [5].

  • That route spreads the work; the tribunal route concentrates it

  • Under Section 24, every district has an appellate officer. West Bengal's appeals come from 24 districts [1][5].
  • The Supreme Court's design instead funnelled all 38 lakh appeals into 19 benches sitting largely at one hub with 21 chambers [2][3].

  • Each design buys something and gives up something

  • Retired High Court judges are independent of the district administration, which the DM is not. That was the gain [2].
  • The cost was throughput: 19 judicial benches cannot do the volume that a few hundred district officers could.
  • For Mains, this is the real question — independence of the forum versus its capacity to actually deliver a decision in time.

11. The Strongest Defence of the Election Commission — and Where It Fails

  • The fair points in the ECI's favour
  • 38 lakh appeals in six months is a volume no adjudicatory body in India routinely handles.
  • The system did work at the stage it was built for: 47.40 lakh of 65 lakh objections were cleared at the first (pre-appeal) stage by March 31, 2026 [3].
  • The tribunals were only constituted on March 21, 2026, and the court had to separately order the ECI and state to give them logistical support on March 10 [2]. They did not get a clean six months of full working.

  • Where the defence still does not hold

  • Volume explains slow disposal. It does not explain hidden numbers.
  • The pendency data came out only after a petitioner used an RTI reply and then pressed the Supreme Court, which made the ECI file an affidavit [1]. The court had earlier sought the ECI's and the state government's replies on a plea specifically about SIR data transparency [6].
  • A constitutional body that publishes turnout and counting data in near real time can publish appeal disposal data the same way. Choosing not to is a decision, not a capacity limit.

12. Four Fixes, and Who Has to Make Each One

  • ECI: publish a live appeal dashboard, tribunal-wise and district-wise
  • Today a voter cannot see how many appeals their district's tribunal has cleared. A petitioner had to use RTI to learn it [1].
  • The same affidavit format the ECI filed in court — filed once, with numbers per tribunal — can simply be put on the website every week.

  • Supreme Court: fix an outer date tied to the municipal poll

  • The court has already done this once in this very case: on March 25, 2026 it directed the ECI to resolve the West Bengal voter issue before April 6 [2].
  • The same tool, applied to appeal disposal before the municipal election, converts a soft backlog into a hard deadline.

  • ECI: run the Section 24 route in parallel for simple cases

  • Appeals where the only issue is a document or a spelling mismatch do not need a retired High Court judge.
  • These can go to the notified District Magistrate-rank appellate officers already provided for under Section 24, in all 24 districts [1][5], leaving the 19 tribunals for contested exclusions.

  • ECI and tribunals: treat an undecided appeal as inclusion until decided

  • The Supreme Court already ordered that tribunals must get the "recorded reasons" behind each exclusion [3] — that is, exclusion must be justified, not assumed.
  • The same logic says a voter should not lose a vote merely because the state could not finish reading its own reasons in time.

13. Anchors for Answers

  • Data: 37,18,452 of 38,20,683 SIR appeals pending — about 97% undecided roughly six months after the tribunals were set up [1]
  • Data: only 1,02,231 appeals disposed — about 30 a day per tribunal across 19 tribunals [1][2]
  • Data: contrast with the first stage — 47.40 lakh of 65 lakh objections cleared by EROs by March 31, 2026 [3]
  • Law: Section 24, Representation of the People Act, 1950 — appeal to District Magistrate in 15 days, then to the Chief Electoral Officer in 30 days [5]
  • Law: Article 324 — ECI's superintendence, direction and control over electoral rolls
  • Law/Case: Supreme Court order directing tribunals be given the "recorded reasons" for each exclusion [3]; earlier order fixing an April 6, 2026 deadline for the ECI [2]
  • Comparison: Bihar SIR (2025) — the earlier exercise on which the West Bengal SIR was modelled [4]
  • Scheme/Institution: 19 Appellate Tribunals headed by retired High Court judges, housed at the Dr Shyama Prasad Mookherjee Institute [2][3]
  • Transparency: RTI Act, 2005 — pendency data surfaced only through an RTI reply, after which the Supreme Court sought the ECI's and West Bengal government's replies on SIR data transparency [1][6]

14. Mains Relevance

15. Related Topics to Study Next

  • Bihar SIR (2025) — the precedent exercise on which the West Bengal SIR is modelled; compare disposal rates and controversies.
  • Article 324 and ECI's constitutional mandate — basis of superintendence over electoral rolls.
  • Right to vote — statutory vs constitutional right (SC jurisprudence, e.g., PUCL v. Union of India).
  • RTI Act, 2005 — role in forcing disclosure of tribunal pendency data, as seen here.
  • Delimitation exercise — another electorally significant, currently-in-news EC-linked process.
  • Representation of the People Act, 1950 & 1951 — statutory basis for electoral roll preparation/revision.
  • Judicial backlog and tribunalisation of justice — broader governance theme of pendency in quasi-judicial bodies.
  • West Bengal Municipal Elections — immediate political stakes tied to unresolved voter rolls.

16. Common Errors / Trap Areas

  • Do not confuse SIR (Special Intensive Revision) with the routine Summary/Intensive Revision conducted periodically by ECI — SIR is a distinct, more rigorous, court-monitored exercise.
  • Do not attribute tribunal constitution to the ECI alone; it was done pursuant to Supreme Court direction/oversight.
  • Avoid mixing up total appeals filed (38.2 lakh) with total objections at the primary stage (65 lakh, of which 47.4 lakh cleared) — these are two different stages of the SIR process [1][3].
  • Do not assume SIR is West Bengal-specific — it began in Bihar and was later extended; know the sequencing.
  • Petitioner in this case is Prasenjit Bose (WB Pradesh Congress Committee's SIR Committee), not a political party per se — note the individual/organisational distinction for precision.

Sources

  1. 1'Over 37 lakh SIR appeals still pending in Bengal tribunals' — The Hindu (article excerpt, 19 September 2026)thehindu.com · tier 4
  2. 2ECI sets up 19 Appellate Tribunals in West Bengal for voter roll appeals — newsonair.gov.innewsonair.gov.in · tier 1
  3. 3West Bengal SIR: Apex Court sets up 19 Appellate Tribunals, 47.4 lakh cases cleared, access to "Recorded Reasons" ordered — Verdictumverdictum.in · tier 4
  4. 4Over 37 lakh Appeals Against Electoral Roll Changes Pending: EC To SC On West Bengal SIR — ETV Bharatetvbharat.com · tier 4
  5. 5The Registration of Electors Rules, 1960 (appeals under Section 24, Representation of the People Act, 1950)upload.indiacode.nic.in · tier 1
  6. 6SC seeks replies of EC, Bengal govt on plea for SIR data transparencybusiness-standard.com · tier 4

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