Supreme Court Upholds 2002 Sikkim Electoral Roll Base Year For SIR

The Supreme Court on Monday dismissed a Public Interest Litigation filed by the Sikkimese Mulniwasi Surakacha Sangh. The non-governmental organisation challenged the Election Commission of India's use of the 2002 electoral roll as the reference year for Sikkim's ongoing Special Intensive Revision. The apex court declined to intervene in the electoral exercise.

The ruling bench comprised Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana. The court maintained that the poll panel had applied the 2002 base year uniformly across India.

"The goal post cannot be shifted in the middle of the exercise. 2002 has been kept as the base year for the entire country. We will not interfere with the decision of the Election Commission of India [ECI]." The bench stated.

Uniform National Policy Upheld

The Election Commission informed the court that the 2002 electoral roll was selected because it was the last Special Intensive Revision roll prepared in Sikkim. The poll panel also stated that the 1993 roll had undergone modifications before the 2002 roll was adopted. The Commission stated that changing the reference year now would force the entire revision exercise to restart. The process has already advanced, with notices issued and claims under consideration.

During the proceedings, CJI Kant questioned the absence of objections from local stakeholders in the state.

"Have any political parties come forward? You know, those who are involved in the governance have come forward? It is acceptable to everyone. Why you people sitting in Delhi should be heard on this issue?" CJI Kant asked, according to Bar and Bench.

The petitioner's counsel said that the organisation was based in Sikkim, arguing that political parties might be reluctant to raise the issue because voter numbers were sensitive in the small state.

Justice Bagchi said that voters included in the 2002 electoral roll had subsequently exercised their franchise in subsequent elections without dispute. He also questioned whether reverting to 1993 would create an unequal approach to a uniform national exercise.

Sikkim's Unique Demographic Claims

The petitioners initially sought 1993 as the base year, PTI stated, while LiveLaw reported that they referenced previous intensive revisions conducted in 1979, 1983, 1988 and 1993. They contended that recent electoral additions did not align with state demographics.

Specifically, the petitioners said that the voter increase between 1999 and 2019 was disproportionate to Sikkim's low fertility rate of 1.1%. They also cited the state's distinct constitutional position to justify their demand, Bar and Bench reported.

Sikkim became India's 22nd state in 1975 through the Constitution (Thirty-Sixth Amendment) Act. This legislation inserted Article 371F to protect local interests and provide special arrangements for the Legislative Assembly. The petitioners said these unique community compositions and border state status warranted a separate examination of the 2002 base year. However, their counsel later clarified they were not demanding a specific cut-off year but wanted the ECI to explain its rationale for selecting 2002.

Ongoing Revision Schedule Details

In May 2026, the Election Commission mandated the Special Intensive Revision across 16 states and three Union Territories. House-to-house enumeration in Sikkim commenced on May 30, with the draft roll's publication following on July 5.

August 4 served as the deadline for claims and objections, while the final electoral roll is slated for a September 6 release. According to the official electoral database, the final 2002 revision roll is dated January 5, 2002.

Though the bench dismissed the petition they stated that the petitioner could still approach the Election Commission to request a reasonable exemption for Sikkim.