The Supreme Court on Tuesday issued a notice to the Election Commission on a plea challenging Assam’s exemption from the pan-India SIR drive even when the state has witnessed the “largest influx of foreigners”.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi sought the poll panel’s response after senior advocate Vijay Hansaria, appearing for petitioner Mrinal Kumar Choudhury, submitted that “Assam had been singled out” for the exemption.

Hansaria told the court that it was a known fact that Assam had been witnessing a massive influx of foreigners, and even the Supreme Court had last year commented on the lack of adequate steps to prevent illegal immigration into the state after 1971.

The matter is expected to be taken up for further hearing on Tuesday.

In October 2024, a five-judge bench of the apex court had, by a 4:1 majority, upheld the constitutional validity of Section 6A of the Citizenship Act, 1955, which permitted a separate cutoff date of March 25, 1971, for entry of foreign migrants of Indian origin into Assam under the terms of the Assam Accord signed on August 15, 1985.

The constitution bench expressed its dismay at the government’s lack of strict enforcement to check illegal infiltration into the state and had requested the Chief Justice of India to constitute a special bench to periodically monitor measures taken to deport illegal immigrants.

In the present case, the petitioner has challenged the special revision of electoral rolls (instead of special intensive revision) in Assam through an EC order dated November 17.

“The Election Commission of India, in a most arbitrary and discriminatory manner, directed that the electoral roll for the state of Assam will be revised only by way of special revision and not by way of special intensive revision even though there is no difference on the ground realities between Assam and 12 other states where SIR is being conducted,” the petition said.

“In the case of special revision in Assam, the electors are not required to submit any document in proof of their citizenship, age and residences”, unlike the SIR, it added.

The petitioner blamed the increasing population in Assam on “large-scale illegal immigration” from the neighbouring countries. “The fact that there has been mass illegal infiltration in Assam has been mentioned in various official reports. A large number of illegal infiltrations in Assam have been recognised by the judiciary in this Hon’ble court in various pronouncements,” the petition said.