PLEA IN SUPREME COURT CALLS CM MAMATA BANERJEE’S PERSONAL APPEARANCE IN WEST BENGAL SIR CASE “CONSTITUTIONALLY IMPROPER”:

An intervention application has been filed before the Supreme Court questioning the personal appearance of West Bengal Chief Minister Mamata Banerjee in proceedings relating to the Special Intensive Revision (SIR) of electoral rolls in the state. The application challenges the constitutional propriety of a sitting Chief Minister personally addressing the Court in a matter that concerns issues of state governance and institutional authority rather than a private or personal dispute.

The controversy arises from Banerjee’s appearance before the Supreme Court last week, when she made submissions in a petition filed by her challenging the SIR process being undertaken in West Bengal. The intervention application has been moved by Satish Kumar Aggarwal, Vice-President of the Akhil Bharat Hindu Mahasabha, who has sought permission to assist the Court on what he describes as a matter of serious constitutional and institutional importance.

The plea contends that allowing the personal appearance of a serving Chief Minister in proceedings under Article 32 of the Constitution raises concerns about constitutional impropriety, institutional discipline, and the long-term consequences for the separation of powers. It argues that Banerjee’s petition does not involve any personal grievance but instead relates to the constitutional authority of the Election Commission of India (ECI) to conduct the SIR of electoral rolls in accordance with election laws and constitutional provisions.

According to the applicant, the issues raised in the case directly affect the functioning of the State of West Bengal as a constitutional entity and its relationship with the Election Commission. In such a scenario, the plea asserts that the Chief Minister cannot appear before the Court in an individual capacity. Any representation in the matter, it states, ought to be made through duly appointed legal counsel acting on behalf of the State government. The application emphasizes that West Bengal is already adequately represented by its appointed advocates, leaving no justification for the Chief Minister’s personal participation in the proceedings.

The applicant further highlights that Banerjee’s appearance took place despite her being assisted by a team of senior advocates. It is argued that such personal appearances by high constitutional functionaries are inconsistent with established judicial conventions and court practices, particularly when professional legal representation is already available. The plea describes the appearance as constitutionally improper, institutionally undesirable, and legally unsustainable, warning that it risks undermining judicial discipline.

The application underscores that holders of high constitutional offices are expected to conduct litigation through counsel in order to preserve the dignity, neutrality, and independence of constitutional courts. It cautions against the personalization of constitutional adjudication, noting that personal participation by a serving Chief Minister could create an impression of symbolic pressure or executive influence over judicial proceedings. Such a perception, the plea argues, runs contrary to the Supreme Court’s consistent efforts to maintain institutional balance and uphold the doctrine of separation of powers.

In addition, the applicant challenges the maintainability of Banerjee’s writ petition itself, contending that a petition under Article 32 can only be sustained in cases involving the infringement of fundamental rights. It is argued that the Chief Minister has not demonstrated any violation of her personal fundamental rights by the Election Commission’s actions.

The plea also draws attention to the broader significance of the SIR exercise in West Bengal, referring to reports suggesting that illegal immigrants may be fleeing the state to evade scrutiny under the revision process. A bench headed by Chief Justice of India Surya Kant is scheduled to hear the West Bengal SIR matter tomorrow.