Supreme Court To Hear Intervention Plea Questioning Chief Minister’s Personal Appearance In Article 32 Challenge To West Bengal SIR Process
From the Editor's Desk
An intervention application has been filed in the Supreme Court questioning the propriety of West Bengal Chief Minister Mamata Banerjee’s personal appearance in the West Bengal SIR case. Mamata Banerjee had appeared before the Court last week and made submissions in her petition challenging the State’s SIR exercise.
The application has been moved by Akhil Bharat Hindu Mahasabha vice-president Satish Kumar Aggarwal, who seeks to intervene to assist the Court on this limited issue. A Bench led by CJI Surya Kant is scheduled to hear the West Bengal SIR matter tomorrow.
“That the present Intervention Application is filed exclusively to assist this Hon'ble Court on an issue of grave constitutional and institutional importance, namely, the impermissibility, impropriety, and adverse constitutional consequences of permitting the personal appearance of a sitting Chief Minister in proceedings invoking the extraordinary jurisdiction of this Hon'ble Court under Article 32 of the Constitution of India”, the plea states.
Aggarwal argues that the Chief Minister’s petition does not involve a personal dispute but instead relates to questions of State governance and the constitutional powers of the Election Commission of India in carrying out SIR of electoral rolls under the Constitution and election laws.
“The issues raised directly implicate the institutional functioning of the State of West Bengal and its constitutional relationship with the Election Commission of India. In such circumstances, the Petitioner, being the incumbent Chief Minister, cannot claim to appear in a personal capacity, and any representation before this Hon'ble Court must necessarily be through duly appointed advocates representing the State of West Bengal. The State, as a constitutional entity, is already adequately represented through its appointed counsel, and no occasion arises for the personal appearance of the Petitioner in proceedings of such nature.”
The applicant further contends that Mamata Banerjee’s request to appear in person is unnecessary given that she is already represented by a team of senior lawyers, and claims that such a step is inconsistent with established court convention and institutional discipline in matters where professional representation is in place.
The application also asserts that holders of high constitutional office are expected to litigate through counsel to protect the dignity and neutrality of constitutional courts and to avoid turning constitutional adjudication into a personality-driven contest.
In addition, the plea suggests that a serving Chief Minister’s personal appearance may create an impression of symbolic pressure and distort institutional balance.
“the personal appearance of a serving Chief Minister before this Hon'ble Court, even if ostensibly in an individual capacity, seriously blurs the constitutionally entrenched doctrine of separation of powers and carries an inherent risk of perceived executive influence, symbolic pressure, or institutional imbalance, which this Hon'ble Court has consistently sought to guard against.”
Aggarwal also questions the maintainability of the underlying writ petition, arguing that an Article 32 challenge against the Election Commission cannot be sustained without a demonstrated violation of fundamental rights. The application additionally emphasizes the significance of the SIR exercise in West Bengal, referring to reports claiming that illegal immigrants are leaving the State to avoid the process.
The intervention application has been drafted by Advocate Barun Kumar Sinha and filed through AoR Anantha Narayana MG.
Case Title: MAMATA BANERJEE Versus ELECTION COMMISSION OF INDIA AND ANR.,
Case No.: W.P.(C) No. 129/2026
