Supreme Court States Election Commission Can Verify Citizenship Only for Electoral Roll Inclusion

Citizenship Scrutiny Restricted to Electoral Rolls

In a significant clarification, the Election Commission of India (ECI) told the Supreme Court that its authority to determine citizenship is confined to electoral rolls. The statement came during hearings on petitions challenging the Special Intensive Revision (SIR) exercise across several states.

Key Highlights

• Scope of EC’s Power: Verification of citizenship is only for inclusion or exclusion from voter lists, not for deportation or termination of citizenship.
• Supreme Court’s Query: The bench, led by Chief Justice Surya Kant, questioned whether striking names off rolls could affect voting rights before the Centre’s final decision.
• EC’s Stand: Doubtful voters may be excluded temporarily, but final citizenship determination lies with the Union government.
• Legal Basis: EC cited Article 326 of the Constitution and provisions under the Representation of the People Act, 1950, empowering it to ensure only citizens are registered as voters.
• Appeal Rights: Individuals excluded from rolls retain the right to appeal decisions.

Outlook
The matter underscores the delicate balance between electoral integrity and constitutional rights. The Court will continue hearings, with implications for voter eligibility and the broader debate on citizenship verification.

Sources: Hindustan Times, LiveLaw, The Hindu, Times of India