Context:

Recently, the Election Commission of India (ECI) informed the Supreme Court of India that it possesses both the constitutional authority and the duty to undertake a Special Intensive Revision (SIR) of electoral rolls. It further asserted its responsibility to ensure that no foreign nationals are included in the voter lists. This submission was made in response to legal challenges against the ongoing revision exercise.

Background:

The poll panel is currently conducting a Special Intensive Revision (SIR) of electoral rolls in several states, beginning with Bihar, with the objective of updating and cleaning voter lists. Multiple petitions have been filed before the Supreme Court questioning the constitutional validity and scope of this exercise. A key issue raised is whether the ECI is empowered to assess citizenship status during the revision of electoral rolls.

EC’s Stand Before the Supreme Court:

• • • The ECI informed the Court that it has a clear constitutional mandate to prepare and revise electoral rolls, which necessarily includes verifying that only Indian citizens are registered as voters.
    • It emphasised that the Constitution is “citizen-centric”, noting that key constitutional offices and powers—such as those of the President, Prime Minister, and judges—are reserved exclusively for Indian citizens. Therefore, electoral rolls must reflect only eligible voters.
    • The Commission argued that its authority flows from Articles 324 and 326 of the Constitution, read with Section 16 of the Representation of the People Act, 1950, which permits verification of citizenship status during electoral roll revisions.
    • The ECI rejected comparisons between the SIR exercise and the National Register of Citizens (NRC), clarifying that SIR is limited to ensuring accuracy of voter rolls and does not amount to the creation of a citizenship register.

Legal and Constitutional Aspects:

• • • Article 324 of the Constitution vests the Election Commission with powers of superintendence, direction, and control over elections, including the preparation and revision of electoral rolls. Article 326 provides for adult suffrage for citizens, making citizenship a prerequisite for voter eligibility.
    • The ECI has countered claims that only the Union government can determine citizenship, clarifying that its role is confined to verification for electoral purposes and does not involve adjudication of citizenship disputes.

Conclusion:

The ECI’s submission reinforces the integrity of India’s electoral process by underscoring the principle that only citizens are entitled to participate in democratic decision-making. It also clarifies the constitutional scope and duties of the Election Commission amid ongoing debates over citizenship verification during electoral roll revisions.