The Supreme Court emphasized that the right to be on the electoral roll and to vote is a deeply "sentimental right" and the ultimate expression of nationality and patriotism.
The court flagged the large-scale deletions (nearly 91 lakh names) under the Special Intensive Revision, particularly under the "logical discrepancies" category unique to West Bengal, questioning the departure from the EC's earlier 2002 assurance of not disturbing existing voters.
With polls just days away, the apex court highlighted the hardship faced by ordinary citizens queuing at tribunals, urging careful handling of the process so that genuine voters are not disenfranchised.
Supreme Court Calls Right to Vote a 'Sentimental Right' Amid West Bengal Voter Deletions
In a strong observation on April 13, 2026, the Supreme Court told the Election Commission that being on the electoral roll and exercising the right to vote is not just a constitutional entitlement but a deeply sentimental right, as lakhs of voters in West Bengal scramble to get their names restored just days before the Assembly elections.
Summary
The Supreme Court on Monday described the right to be included in the electoral roll and to cast one's vote as a "sentimental right", while hearing concerns over the massive deletions of voter names during West Bengal's Special Intensive Revision (SIR) of electoral rolls.
The apex court made the remark while addressing the plight of nearly 91 lakh voters whose names were removed statewide under the Election Commission's SIR exercise. The bench highlighted that the act of voting represents "the biggest expression of nationality and patriotism."
The court noted that the Election Commission had earlier promised in 2002 not to disturb names already included in the electoral rolls without strong reasons. However, the recent SIR drive, particularly the category of "logical discrepancies," appears unique to West Bengal and has led to widespread exclusions, forcing thousands of genuine voters — many in districts like Malda, Murshidabad (including Shamsherganj), and others — to queue up at tribunals with old voter cards, Aadhaar, and other documents to prove their eligibility.
The observations came during proceedings where the court expressed concern over the timing of the deletions, coming barely 10 days before the crucial West Bengal Assembly polls. The bench described the SIR process as somewhat "inquisitorial" in nature and questioned the sudden large-scale removals that have left ordinary citizens anxious and uncertain about their democratic rights.
This judicial remark adds significant weight to the ongoing appeals by deleted voters across the state. Families and individuals, as captured in ground-level photo galleries from areas like Daulatpur Gram Panchayet in Milangarh (Malda) and Shamsherganj, are seen presenting documents at tribunals in a desperate bid to reclaim their names before polling day.
The Supreme Court's statement underscores a key principle: while the Election Commission has the mandate to ensure clean and accurate electoral rolls, the fundamental right to vote carries immense emotional and patriotic value for citizens and cannot be treated lightly.
Legal experts view this observation as a potential signal that the court may closely scrutinize any arbitrary or disproportionate deletions, especially when they affect long-term residents without adequate verification or opportunity for hearing.
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As West Bengal gears up for elections, the coming days will be critical for thousands of affected voters hoping that the tribunals and higher judicial intervention will restore their names in time.
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