Supreme Court's SIR Judgment Illegal, Undemocratic And Must Be Recalled: Former SC Judge Gopala Gowda

Gowda Seeks Recall Of SIR Verdict

Former Supreme Court judge V Gopala Gowda has called for the recall of the apex court's May 27 judgment that upheld the constitutional validity of the Election Commission of India's Special Intensive Revision (SIR) of electoral rolls. He described the ruling as illegal, unconstitutional and undemocratic. Gowda, a former CPI(M) member, also urged the court to summon the Commission's records to verify whether the SIR decision was taken by the full Commission with majority concurrence. He alleged that Indian democracy had been undermined by the Chief Election Commissioner with backing from those in power, without naming anyone.

Why The Remarks Matter

The comments add to an escalating public dispute over the SIR and the poll panel's functioning. Former CJI BR Gavai and two retired Delhi High Court judges questioned sitting Supreme Court judge Ujjal Bhuyan's public remarks on SIR, noting the matter is pending before the court and that judicial propriety demands restraint on sub judice issues. Gowda defended Bhuyan, saying a sitting judge speaking against mass disenfranchisement involves no impropriety. Separately, 42 retired judges backed the SIR as a lawful exercise, arguing that silence was no longer neutral and that the opposition's attack on the EC lacked evidence. Former Solicitor General Harish Salve objected to political targeting of constitutional institutions, saying the ECI's clarification that its SIR decisions were unanimous should have ended the protests. The ECI rejected a media report alleging internal differences, stating that notes, suggestions and internal checks are normal in a multi-member body and that all decisions in the past year were unanimous, citing Article 324 and institutional conventions.

What To Watch

The Supreme Court is hearing a petition against CEC Gyanesh Kumar. For businesses, the outcome affects election timelines and the compliance calendar around electoral roll revisions, which can influence s…