The Election Commission of India (ECI) told the Supreme Court that its constitutional powers allow it to verify citizenship for electoral rolls.
Background of the Issue
- Opposition parties in Tamil Nadu, Kerala, and West Bengal argued that ECI is conducting a process similar to the National Register of Citizens (NRC).
- They claimed only the Union Government has authority to determine citizenship under the Citizenship Act, 1955.
- ECI refuted these claims in a detailed affidavit, stressing its independent constitutional mandate.
Limits of Central Authority
- Section 9 of the Citizenship Act, 1955: Centre can decide only on cases where Indian citizens voluntarily acquire foreign citizenship.
- This power is limited to termination of citizenship.
- Other aspects of citizenship verification for electoral rolls fall within ECI’s jurisdiction.
ECI’s Constitutional Mandate
- Article 324: Grants ECI plenary powers of superintendence, direction, and control over elections.
- Article 326: Specifies that only Indian citizens can be registered as voters.
- Representation of the People Act (ROPA), 1950: Section 16 disqualifies noncitizens from electoral rolls. Section 19 requires voters to be ordinarily resident in their constituency.
- Hence, verifying citizenship is an intrinsic duty of ECI.
SPECIAL INTENSIVE REVISION (SIR)
- Aim: Remove names of dead persons, permanently shifted individuals, and noncitizens to ensure accurate rolls.
- Legal basis: Section 21(3) of ROPA allows intensive revision when rolls are inaccurate or inflated.
- Purpose: Purification of voter lists, not determination of citizenship.
- Process:
- Booth Level Officers deliver prefilled forms to electors.
- Voters confirm eligibility by signing forms.
- ECI’s Response:
- SIR is constitutional and necessary for free and fair elections.
- Proof sought is minimal, only to confirm voter eligibility.
- Not an NRClike exercise, limited to electoral purposes.
Conclusion
ECI asserts its constitutional duty to maintain clean and accurate voter rolls, a basic feature of democracy. The Supreme Court’s decision will clarify the balance of powers between the Centre and ECI in matters of citizenship and elections.
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