DMK Moves Supreme Court Against Tamil Nadu Voter Roll Revision, Terms It “De Facto NRC

The Dravida Munnetra Kazhagam (DMK), Tamil Nadu’s ruling party, has moved the Supreme Court against the Election Commission of India’s (ECI) decision to conduct a Special Intensive Revision (SIR) of electoral rolls in the State. The party has described the move as a case of “constitutional overreach” that could lead to the disenfranchisement of lakhs of voters.

The petition, filed under Article 32 of the Constitution, challenges two ECI orders — one dated June 24, 2025, and another on October 27, 2025 — directing the conduct of the SIR.

According to the DMK, a Special Summary Revision (SSR) had already taken place between October 2024 and January 6, 2025, during which voter lists were updated to include changes due to migration, death, or ineligibility. The revised rolls were published in January 2025 and have since been updated regularly.

Despite this, the ECI invoked its powers under Article 324 of the Constitution and Section 21 of the Representation of the People Act (ROPA), 1950 to order another intensive revision. The DMK claims the new guidelines impose citizenship verification requirements, especially for those not listed in the 2003 electoral rolls.

DMK: Exercise Has No Legal Basis and Is Beyond ECI’s Powers

The petition argues that the ECI has exceeded its authority since Article 324 can only be used when there is no legislation covering the matter. The party stated that the Representation of the People Act, 1951, and the Registration of Electors Rules, 1960, already provide detailed procedures for electoral revisions, leaving no room for the ECI to independently frame new rules.

The DMK pointed out that under Section 28(3) of the RP Act, any new rules must be published in the Official Gazette and presented before Parliament, which has not been done for the SIR. Therefore, the party contends, the SIR has no statutory force or legal backing.

It further claims that the ECI has not shown any “exceptional or compelling” reason for re-verifying the electoral rolls and called the move arbitrary, unreasonable, and a colourable exercise of power.

DMK Calls SIR a ‘De Facto NRC’

The party has also alleged that through the SIR, the Election Commission has taken upon itself the power to verify citizenship, which legally belongs only to the Union Government under the Citizenship Act, 1955.

By asking voters to produce specific documents to prove their citizenship, the DMK says the SIR resembles a “de facto National Register of Citizens (NRC)”.

The petition adds that the process unfairly reverses the presumption of legitimacy attached to a registered voter, forcing them to re-prove their citizenship without proper notice. It also allows local officials to refer “suspected foreign nationals” to authorities under the Citizenship Act, bypassing established due process.

Procedural Irregularities and Risk of Mass Voter Deletion

The DMK highlights several procedural flaws in the ongoing exercise, including:

• Unrecognised Forms: House-to-house surveys by Booth Level Officers (BLOs) are being carried out using forms not approved under ROPA or the 1960 Rules.
• Limited Documents: Voters are asked to show one of only 13 approved documents (with Aadhaar added later), excluding common IDs like ration cards, PAN, or existing Voter IDs.
• Automatic Deletions: Those who fail to submit the required documents or respond to enumerators risk being removed from the voter list and treated as non-citizens.
• Unclear Discretion: BLOs can mark voters as “absent”, “shifted”, or “duplicate” based on neighbours’ statements, leaving scope for subjective decisions.
• Weak Appeals Process: The petition claims that although the RP Act provides for appeals, the timelines — between December 9, 2025, and January 31, 2026 — are so tight that they make the appeal process ineffective.
• Unrealistic Deadlines: The SIR is expected to conclude by February 7, 2026, during the monsoon, Christmas, and Pongal seasons — a period when compliance will be extremely difficult.

According to the DMK, these conditions mirror the problems faced in Bihar, where a similar exercise reportedly led to confusion and voter exclusion.

Violation of Fundamental Rights and Federalism

The party claims the ECI’s orders violate Articles 10, 14, 19, 21, and 326 of the Constitution — infringing upon citizens’ right to vote, equality, dignity, and life.

It further argues that the SIR undermines the basic structure of the Constitution, especially universal adult suffrage and federal principles.

The DMK points out that the new documentation rules will disproportionately affect marginalised and economically weaker communities, such as migrants, women, and daily-wage workers, who often lack official papers.

By enforcing this process without consulting the State government, the ECI, according to the DMK, has reduced Tamil Nadu to a mere implementing agency for a centrally driven exercise.

The party has requested the Supreme Court to strike down the ECI’s orders of June 24 and October 27, 2025, and declare the Special Intensive Revision unconstitutional, arbitrary, and without statutory authority.

The petition, RS Bharati v. Election Commission of India (Diary No. 63055/2025), has been prepared by Advocate Saushriya Havelia, settled by Senior Advocate N.R. Elango, and filed by Advocate-on-Record Vivek Singh.