Is personal appearance by a sitting CM allowed? Supreme Court petition raises constitutional concerns over Mamata Banerjee in SIR matter
New Delhi: An application has been filed in the Supreme Court challenging West Bengal Chief Minister Mamata Banerjee’s personal appearance in the SIR matter, raising concerns over constitutional propriety, institutional neutrality, and judicial conventions.
Background of the SIR case
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The West Bengal Chief Minister, Mamata Banerjee, had personally appeared last week in the Supreme Court to make submissions in a petition challenging the Special Summary Revision (SIR) process of electoral rolls in West Bengal. The SIR process, conducted by the Election Commission of India (ECI), is intended to update electoral rolls and identify irregularities.
The intervention petition
An application has now been filed by Satish Kumar Aggarwal, Vice-President of Akhil Bharat Hindu Mahasabha, seeking the Court’s intervention regarding the CM’s personal appearance. The plea contends that her personal involvement in the case is “impermissible, improper, and carries adverse constitutional consequences.” The matter is scheduled to be heard by a bench led by Chief Justice Surya Kant tomorrow.
The petition highlights that the issues raised in the CM’s writ petition are not personal disputes but concern state governance and the constitutional exercise of powers by the ECI. The applicant argues that as a sitting Chief Minister, Mamata Banerjee should be represented by legal counsel rather than appearing in person.
The plea states that personal appearances by constitutional functionaries of high office can undermine judicial discipline, blur the separation of powers, and create perceived executive influence or institutional imbalance. It stresses that the State of West Bengal is already represented through senior advocates and that additional personal participation by the CM is unnecessary and legally untenable.
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Additional points in the plea
The application also questions the maintainability of the Article 32 petition, arguing that the CM could not claim infringement of fundamental rights in challenging the SIR. It further points to the SIR’s importance in West Bengal, noting reports of illegal immigrants leaving the state to avoid the revision process.
Legal representation
The intervention application was drafted by Advocate Barun Kumar Sinha and filed through AoR Anantha Narayana MG. It seeks the Court’s guidance on preserving institutional neutrality and ensuring that constitutional adjudication is not personalised by the presence of an incumbent Chief Minister.
The Supreme Court will examine the implications of a sitting Chief Minister appearing personally in proceedings involving state governance and constitutional matters. The intervention plea stresses that allowing such appearances could set a precedent, impacting judicial conventions and the principle of separation of powers. The Court’s decision on this matter could clarify the limits of personal involvement by high-ranking officials in judicial proceedings while maintaining the integrity of state representation through appointed advocates.
Published: 08 Feb 2026, 07:55 pm IST
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