SC declines urgent hearing on plea against Bengal order linking SIR to PDS benefits

New Delhi, June 23 (IANS) The Supreme Court on Tuesday declined an urgent hearing on a public interest litigation (PIL) challenging two West Bengal government measures that allegedly link welfare benefits under the Public Distribution System (PDS) and Annapurna Yojana with the outcome of the Election Commission’s Special Intensive Revision (SIR) of electoral rolls.

When the matter was mentioned for urgent listing, the petitioner sought an immediate hearing, contending that the impugned measures could adversely affect access to welfare benefits for a large number of beneficiaries in the state.

However, a Bench of Justices B.V. Nagarathna and Joymalya Bagchi advised the petitioner to approach the Calcutta High Court for appropriate relief. Noting that the Calcutta High Court had resumed functioning after the summer vacation, Justice Nagarathna said, “Please take it to the Calcutta High Court.”

The writ petition, filed under Article 32 of the Constitution, challenges the constitutional validity of an order dated June 4, 2026, issued by the Food and Supplies Department of the West Bengal government and a notification dated May 19, 2026, issued by the Department of Women and Child Development and Social Welfare.

According to the plea, the impugned order directs authorities to identify, scrutinise and delete beneficiaries from the food security framework on the basis of classifications generated during the SIR exercise, while the notification allegedly makes migration of beneficiaries under the Annapurna Yojana contingent upon classifications such as “dead”, “shifted”, “deleted” and “absentee” electors.

The plea contends that electoral status and classifications emerging from the SIR exercise have no nexus with eligibility for food security benefits or welfare assistance, and that such a linkage could result in the exclusion of large numbers of economically vulnerable persons from welfare schemes.

The plea claimed that if the voter-list matching exercise is applied mechanically, between 35 lakh and 60 lakh living persons could face deactivation of ration cards, with the likely figure ranging between 50 lakh and 58 lakh beneficiaries.

The petition further contended that the impugned measures are contrary to the objectives of the National Food Security Act, 2013, which seeks to ensure food and nutritional security through access to subsidised foodgrains.

It also alleged a violation of the principles of natural justice, arguing that the deletion of beneficiaries on the basis of SIR classifications could occur without providing affected persons an opportunity to be heard.

Referring to the Supreme Court’s recent judgment upholding the validity of the SIR exercise, the plea contended that the apex court had expressly clarified that deletion from electoral rolls during SIR does not amount to a determination of citizenship and cannot be treated as such for collateral purposes.

Last month, a Bench headed by Chief Justice of India (CJI) Surya Kant upheld the validity of the Election Commission’s SIR exercise, holding that the revision of electoral rolls fell within the constitutional and statutory powers of the poll body and was aimed at preserving the integrity of the electoral process.

The Bench, also comprising Justice Joymalya Bagchi, had ruled that the SIR exercise did not violate the Representation of the People Act, 1950, and was supported by adequate procedural safeguards.

At the same time, the apex court clarified that any inquiry into citizenship conducted during electoral roll revision was limited to electoral purposes and did not constitute a final determination of citizenship.

It had further directed that persons whose names were deleted from electoral rolls on the ground of doubtful citizenship be referred to the competent authority under the Citizenship Act, 1955, for adjudication after notice and an opportunity of hearing, and that their names be restored if they were ultimately found to be citizens.

–IANS

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