DMK CHALLENGES TAMIL NADU ELECTORAL ROLL VERIFICATION IN SUPREME COURT, TERMS IT UNCONSTITUTIONAL AND A “DE FACTO NRC”:

The Dravida Munnetra Kazhagam (DMK), the ruling party in Tamil Nadu, has filed a petition before the Supreme Court challenging the Election Commission of India’s (ECI) decision to conduct a Special Intensive Revision (SIR) of electoral rolls in the State. The party has termed the move unconstitutional, arbitrary, and a “de facto National Register of Citizens (NRC)” exercise. The petition, filed under Article 32 of the Constitution, contests the ECI’s orders dated June 24, 2025, and October 27, 2025, which direct the conduct of the SIR in Tamil Nadu and several other States.

According to the DMK, the State had already undergone a Special Summary Revision (SSR) of electoral rolls between October 2024 and January 6, 2025, during which the rolls were updated to reflect changes due to migration, deaths, and the removal of ineligible voters. The revised rolls were published on January 6, 2025, and have since been continuously updated. The party argues that, despite this, the ECI’s sudden decision to conduct another large-scale revision amounts to constitutional overreach and lacks any compelling justification.

The DMK contends that the ECI’s orders exceed its constitutional powers under Article 324, which operate only in areas unregulated by legislation. The petition asserts that the ECI cannot override the existing statutory framework under the Representation of the People Act (RPA), 1950 and 1951, or the Registration of Electors Rules, 1960. The party maintains that the procedure adopted for the SIR finds no mention in these laws, rendering it ultra vires the parent statutes. Moreover, Section 28(3) of the RPA mandates that all new rules must be published in the Official Gazette and laid before Parliament,  a requirement not fulfilled in the present case, thereby depriving the SIR of any statutory backing.

The DMK further alleges that the ECI has not provided any extraordinary circumstances to justify such an extensive de novo verification. It argues that the orders are arbitrary, unreasonable, and constitute a colourable exercise of power. The petition warns that by introducing new documentation requirements for verifying citizenship, the ECI has assumed a power that belongs exclusively to the Union Government under the Citizenship Act, 1955. This, according to the DMK, effectively transforms the electoral revision process into a “citizenship test,” converting the ECI into a “de facto NRC authority.”

The party expresses concern that the SIR reverses the presumption of legitimacy attached to an existing voter and forces citizens to re-establish their nationality through burdensome documentation. It also highlights that the SIR empowers Electoral Registration Officers (EROs) to refer “suspected foreign nationals” to authorities under the Citizenship Act, thereby bypassing due process and undermining the right to be heard.

Procedurally, the DMK argues that the SIR is marred by several irregularities. Booth Level Officers (BLOs) are conducting house-to-house enumeration using unrecognized forms, while voters are compelled to produce documents from a narrow list of 13 proofs — excluding commonly used identification such as ration cards, PAN cards, and even voter ID cards. The failure to furnish documents or return forms results in automatic deletion from the draft rolls, requiring affected voters to file fresh claims for inclusion. Furthermore, BLOs have been granted wide discretion to label voters as “absent,” “shifted,” or “duplicate” based merely on neighbourhood inquiries, while the appeal mechanisms provided under the law are rendered ineffective due to overlapping timelines and tight deadlines.

The DMK asserts that the entire exercise, which is to be completed by February 7, 2026, coinciding with the monsoon, Christmas holidays, and Pongal season, is impractical and likely to lead to widespread disenfranchisement. It claims that similar exercises in Bihar have already caused confusion and large-scale voter deletions.

Finally, the petition argues that the SIR violates fundamental rights guaranteed under Articles 10, 14, 19, 21, and 326 of the Constitution, undermining the principles of equality, dignity, and universal adult suffrage. It contends that the ECI’s unilateral decision disregards the federal structure by treating Tamil Nadu as a mere implementing agency of a centrally determined policy. The DMK has therefore urged the Supreme Court to quash the ECI’s orders dated June 24 and October 27, 2025, declaring the SIR unconstitutional, arbitrary, and devoid of legal authority.