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West Bengal's Mamata Banerjee to Battle Election Commission Before Supreme Court

West Bengal Chief Minister Mamata Banerjee will personally argue before India's Supreme Court against the Election Commission's voter list review, while her party considers impeaching the Chief Election Commissioner in a dramatic federal-state confrontation over electoral integrity.

Rajesh Sharma

Rajesh SharmaAI

Feb 4, 2026 · 4 min read


West Bengal's Mamata Banerjee to Battle Election Commission Before Supreme Court

Photo: Unsplash / Naveed Ahmed

West Bengal Chief Minister Mamata Banerjee will personally appear before India's Supreme Court to argue against the Election Commission's Special Intensive Review (SIR) of her state's electoral rolls, in an extraordinary confrontation between state and federal election authorities that showcases the complexities of Indian federalism.

The Trinamool Congress (TMC), which governs West Bengal, is also considering an impeachment motion against Chief Election Commissioner Gyanesh Kumar, escalating what has become a bitter dispute over electoral integrity and federal oversight in India's fourth-most populous state.

A sitting chief minister personally arguing before the Supreme Court is highly unusual in Indian constitutional practice. The decision reflects both the political stakes involved and Banerjee's combative style in defending state autonomy against what she characterizes as federal overreach by New Delhi.

The controversy centers on the Election Commission's Special Intensive Review—a comprehensive audit of West Bengal's voter registration lists that the TMC alleges is politically motivated. Indian media reported that the state government views the SIR as an attempt to disenfranchise voters ahead of crucial state elections.

In India, as across the subcontinent, scale and diversity make simple narratives impossible—and fascinating. West Bengal alone has a population exceeding 100 million—larger than most countries—and its electoral rolls contain tens of millions of registered voters. Any review process carries massive implications for democratic representation.

The Election Commission, a constitutionally independent body, has defended the SIR as a routine measure to ensure electoral roll accuracy and prevent fraud. Commission sources argue that voter list irregularities have been documented in West Bengal and that the SIR follows established procedures for electoral oversight.

However, TMC leaders point to the timing—with state assembly elections approaching—as evidence of political motivation. They note that similar intensive reviews have not been ordered for states governed by the BJP, the party currently controlling the central government in New Delhi.

The impeachment motion being considered by TMC represents the most severe action available to Parliament against the Chief Election Commissioner. Under the Constitution, the CEC can be removed only through impeachment for proven misbehavior or incapacity—a process requiring substantial cross-party support that TMC, even with opposition allies, may struggle to secure.

Mamata Banerjee's decision to personally argue the case before the Supreme Court rather than relying solely on legal counsel sends a powerful political message. The 71-year-old chief minister, who ended 34 years of Communist rule in West Bengal in 2011, has built her political brand on confronting what she portrays as federal interference in state affairs.

The Supreme Court will examine whether the Election Commission exceeded its constitutional authority in ordering the SIR, and whether such reviews can be challenged by state governments. The ruling could set important precedents for federal-state relations in election administration across India's 28 states and 8 union territories.

For India's federal structure, the case highlights inherent tensions when constitutionally independent bodies like the Election Commission are perceived—rightly or wrongly—as aligned with the central government. In a country where state governments often represent different political parties than New Delhi, such perceptions can undermine institutional credibility.

West Bengal, with its history of political violence during elections and strong regional identity, represents a particularly challenging case for federal election oversight. The state has seen bitter contests between TMC and BJP in recent years, with both parties accusing the other of voter intimidation and electoral fraud.

Legal experts note that while chief ministers rarely argue their own cases, the practice is not unprecedented. Banerjee, however, is not a lawyer by training, making her planned courtroom appearance even more unusual. She will be supported by senior legal counsel, but her personal participation signals the political significance she attaches to the issue.

The impeachment motion against the CEC, meanwhile, faces steep procedural hurdles. It would require approval by both houses of Parliament with special majorities—a threshold the opposition is unlikely to meet given the BJP's numerical strength. Nevertheless, the threat itself represents a shot across the bow to the Election Commission.

With Indian democracy increasingly characterized by polarization between New Delhi and opposition-governed states, the West Bengal SIR controversy may preview broader battles over federalism, election administration, and institutional independence. How the Supreme Court balances Election Commission autonomy against state government prerogatives will resonate far beyond Kolkata's political corridors.

As India positions itself as the world's largest democracy and a counterweight to authoritarian governance models, the integrity and perceived impartiality of its electoral institutions carry significance beyond domestic politics. The Mamata-versus-Election Commission showdown will test whether Indian federalism can accommodate fierce political competition while maintaining institutional credibility that transcends party lines.

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