Centre’s citizenship scrutiny power is ‘limited’, EC says
Context
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Opposition parties alleged that the Election Commission (EC) is using the Special Intensive Revision (SIR) of electoral rolls to conduct a “citizenship screening” or a “de facto NRC”.
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EC, in an affidavit to the Supreme Court, clarified that:
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Centre’s citizenship scrutiny power is limited, and
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EC is constitutionally empowered to verify citizenship only for the purpose of voter registration.
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Constitutional & Legal Background
Article 326
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Lays down universal adult suffrage.
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Indian citizenship is a mandatory condition to be included in voter lists.
Article 324
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Gives EC plenary powers for “superintendence, direction and control of elections”.
Article 327
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Parliament may legislate on elections, but only in harmony with EC’s constitutional powers.
Citizenship Act, 1955 – Section 9
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Deals with termination of citizenship due to voluntary acquisition of foreign citizenship.
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Exclusive jurisdiction of the Centre is limited to:
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Determining how/when a citizen acquired foreign citizenship.
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Deciding whether Indian citizenship stands terminated.
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EC’s Key Arguments (as per its affidavit)
A. Centre’s citizenship scrutiny power is limited
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Centre can examine only cases involving:
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Voluntary foreign citizenship acquisition (Sec 9).
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Other aspects related to citizenship can be examined by other authorities, including EC.
B. EC can “assess citizenship” for electoral roll purposes
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EC said verifying citizenship is:
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Not for determining citizenship status,
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But only to check eligibility to vote.
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C. SIR (Special Intensive Revision) is not a citizenship screening
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Aim: Ensure accuracy and purity of electoral rolls.
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Triggered by “felt necessities” under ROPA 1950, Section 21(3).
D. No violation of constitutional or statutory limits
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EC’s power to verify residence and citizenship flows from:
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Article 324 (plenary powers).
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Article 326 (citizenship as condition for voting).
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ROPA, 1950 – Sections 16 & 19:
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Section 16: Non-citizens disqualified from electoral rolls.
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Section 19: Elector must be an Indian citizen + ordinarily resident.
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E. SIR is “voter-friendly”, not burdensome
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Opposition alleged burden is on voters to prove citizenship.
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EC clarified:
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Booth-level officers provide pre-filled forms.
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Electors only need to sign/confirm information.
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Opposition’s Concerns
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SIR resembles a “de novo NRC exercise”.
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Seen as potential:
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Citizenship-based profiling,
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Targeting of minorities, migrants in TN, Kerala, West Bengal, etc.
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Claim: EC lacks authority — only the Centre can decide citizenship.
EC’s Rebuttal
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Parliament cannot “oust” EC’s powers under Art. 324.
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Citizenship verification (for voting) is inherent to maintaining:
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Purity of electoral rolls
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Free and fair elections → part of the Basic Structure.
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Way Forward
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Need for standardised citizenship-verification protocols.
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Avoid overlap between citizenship determination (Centre) and voter eligibility checks (EC).
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Increase transparency in SIR to reduce political distrust.
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Strengthen Booth Level Officer (BLO) training for error-free revisions.
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Digital integration of databases (Aadhaar debate continues).
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