Election Commission Clarifies Scope of Citizenship Scrutiny in Voter Lists
The Election Commission of India presented a crucial clarification before the Supreme Court on Tuesday. The commission explained that its scrutiny of citizenship during the Summary Revision of voter lists serves one specific purpose. This process aims to ensure the deletion of non-citizens from electoral rolls. It does not extend to the termination of citizenship or deportation procedures.
Constitutional Mandate for Citizen-Only Voter Lists
Senior advocate Rakesh Dwivedi, representing the Election Commission, addressed a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi. He emphasized Article 326 of the Constitution. This article mandates that only Indian citizens possess the right to be included in electoral rolls.
"For this purpose and this purpose alone, the Election Commission is entitled to inquire and conclude whether a person is an Indian citizen," Dwivedi stated. This determination directly relates to a person's entitlement to become a voter.
"If a person is found not to be a citizen of India by the Election Commission, then his name will either not be included in the voter list or, if it is already there, then it would be struck off," he explained clearly.
Distinction Between Voter Eligibility and Citizenship Status
Dwivedi made an important distinction during the arguments. He stated that no person with any shadow of doubt over their citizenship could be included in the voter list. However, a determination by the Electoral Registration Officer about doubtful citizenship does not automatically result in a formal declaration that the person is not an Indian citizen.
That formal declaration remains the domain of competent authorities under the citizenship laws. The Election Commission clarified this point explicitly in its submission.
"Under the Summary Revision exercise, the citizenship of an individual for the purposes of the Citizenship Act, 1955, will not terminate on account of the fact that he or she is held to be ineligible for registration in the electoral rolls," the commission stated.
Burden of Proof and Legal Recourse
The Election Commission addressed the practical aspects of citizenship verification. Since the documents that could establish citizenship are within a person's knowledge, the burden of proof lies with the individual. This means citizens must provide necessary documentation when their citizenship status comes under scrutiny during voter list revisions.
Dwivedi also explained the legal recourse available. "The Electoral Registration Officer's conclusion about a voter's citizenship being doubtful and the resultant removal of his name from the voter list can be set aside by a court of law only if it finds that the procedure adopted for such determination was perverse and illegal," he informed the court.
Special Provisions for Elected Representatives
The senior advocate highlighted special provisions that apply to elected representatives. When doubts arise about an MP's or MLA's citizenship, the President or the Governor becomes constitutionally bound by the Election Commission's opinion. This opinion determines whether the elected representative has incurred disqualification for being a non-citizen.
This means the Election Commission possesses the power to inquire into the citizenship of Members of Parliament or Members of Legislative Assemblies when legitimate doubts emerge about their status.
The Supreme Court bench heard these arguments carefully. The proceedings in this significant matter will resume on Thursday, allowing for further examination of these important electoral and citizenship issues.
