New Delhi: The Election Commission of India has clarified before the Supreme Court that the Union government’s authority over citizenship is limited, rejecting claims by opposition parties that only the Centre can assess citizenship in the Special Intensive Revision (SIR) of electoral rolls.
In a 184-page affidavit, the Commission referred to Section 9 of the Citizenship Act, 1955, which allows the Centre to terminate citizenship only in cases of voluntary acquisition of foreign nationality. The ECI stated that this exclusive jurisdiction is restricted to reviewing foreign citizenship and does not prevent other authorities from assessing citizenship for electoral purposes.
Opposition parties in Tamil Nadu, Kerala, and West Bengal alleged that SIR functions as a citizenship screening exercise and accused the Commission of misusing the revision to conduct a new National Register of Citizens. The ECI rejected this claim, asserting its mandate to verify citizenship strictly for voter registration. It said Indian citizenship is a constitutional precondition under Article 326 for inclusion in the electoral roll.
The Commission emphasized that SIR is a “voter-friendly” process. Electors receive pre-filled enumeration forms at their homes and are only required to verify and sign them. The ECI stated that this ensures the accuracy of electoral rolls, which is essential for free and fair elections under Article 324. It clarified that the exercise does not determine the status of citizenship, but ensures voters are correctly registered and able to cast votes.
The Commission also noted that Sections 16 and 19 of the Representation of the People Act, 1950, disqualify non-citizens and those not ordinarily resident from voter lists. SIR is conducted under Section 21(3) and is triggered by “felt necessities” to maintain electoral integrity.
