Citizenship Scrutiny – EC Outlines Its Constitutional Powers

Citizenship Scrutiny Latest News

• The Election Commission of India (ECI) has informed the Supreme Court that the Union Government’s citizenship-related powers are “limited’’ and do not override the Commission’s constitutional authority to verify citizenship for the purposes of electoral roll maintenance. 
• This clarification came amid challenges by Opposition parties to the Special Intensive Revision (SIR) process. 

Background

• Opposition parties in Tamil Nadu, Kerala and West Bengal have argued that the ECI is effectively conducting a citizenship screening exercise akin to a “de novo National Register of Citizens”, alleging that only the Centre has exclusive authority to determine citizenship. 
• The ECI, however, has strongly refuted these claims in its 184-page affidavit. 
• The heart of the dispute revolves around the constitutional and statutory overlap between the Citizenship Act, 1955 and the Representation of the People Act (ROPA), 1950, especially in the context of voter eligibility under Article 326.

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The ECI’s Clarification on the Limits of Central Authority

• Section 9 of the Citizenship Act and the Centre’s “Limited Role’’
  • The ECI’s affidavit references Section 9 of the Citizenship Act, 1955, which deals with the termination of citizenship when an Indian citizen voluntarily acquires foreign citizenship. 
  • According to the ECI, this section grants the Centre the power to determine “when or how” an individual acquired foreign citizenship, and only for this purpose. 
  • In other words, the Centre’s jurisdiction is confined to assessing foreign citizenship acquisition and deciding whether Indian citizenship should be terminated. 
  • This does not bar other authorities, including the ECI, from examining other citizenship-related aspects for electoral roll purposes.
  • ECI’s Constitutional Mandate to Assess Citizenship
• Powers under Articles 324 and 326
  • The ECI asserts that its authority to assess citizenship arises directly from Article 324, which vests the Commission with plenary powers of “superintendence, direction, and control” over elections, and from Article 326, which specifies Indian citizenship as a prerequisite for voter registration. 
  • The Commission also argued that even Parliament’s authority to enact laws on elections under Article 327 cannot curtail the Commission’s constitutional mandate.
• Role of ROPA, 1950
  • Section 16 explicitly disqualifies non-citizens from being included in the electoral rolls.
  • Section 19 requires electors to be ordinarily resident in the constituency where they seek registration.
• Therefore, evaluating citizenship status is an intrinsic duty of the ECI when updating electoral rolls.

Understanding the Special Intensive Revision (SIR)

• Purpose and Legal Basis
  • The SIR exercise is carried out under Section 21(3) of ROPA, which mandates an “intense” revision whenever “felt necessities’’ arise, such as concerns over inaccurate or inflated rolls. 
  • The ECI clarified that the SIR is not a citizenship determination exercise but a voter list purification exercise, essential to ensuring the integrity of electoral rolls, considered a Basic Feature of the Constitution linked to free and fair elections.
• Process of Verification
  • The Commission stated that electors are only required to sign pre-filled enumeration forms (EFs) delivered to their homes by Booth Level Officers, a minimal and voter-friendly requirement. 
  • The burden is not being shifted to electors, as alleged; rather, the process ensures that voters who cannot be traced to previous revisions (such as the 2002 SIR) can confirm their eligibility. 

ECI’s Rationale for Conducting SIR

• The ECI emphasised the need for accurate electoral rolls not just for enrolment but for ensuring that voters are able to reach polling stations and cast votes.
• Thus, the following must be removed from voter lists:
  • Dead persons
  • Those who have permanently shifted
  • Non-citizens
• This ensures that the electoral roll reflects only eligible, traceable voters. 

Opposition’s Concerns and ECI’s Response

• Opposition parties have claimed that SIR is unconstitutional and duplicates functions reserved for the Union Government. 
• They have also criticised the requirement of filling out or signing forms as burdensome.
• The ECI rejected these arguments, maintaining that:
  • SIR is constitutional and necessary,
  • Proof sought from electors is limited to ensuring eligibility for voter lists.
  • It is not an NRC-like exercise nor an attempt to determine citizenship status beyond electoral purposes. 

Source: TH