Supreme Court on ECI’s Powers During Voter Roll Revision: Citizenship Determination vs. Electoral Integrity

The Supreme Court’s latest observations during the petitions challenging the Special Intensive Revision (SIR) of electoral rolls in Bihar raise important constitutional and statutory questions. The core issue is whether the Election Commission of India (ECI) can inquire into "doubtful citizenship" while revising electoral rolls, without assuming the authority to declare someone a citizen or non-citizen.

Issue 1: Court Clarifies ECI Is Not Claiming Power to Determine Citizenship

The Supreme Court clarified that the ECI has not claimed any constitutional authority to decide citizenship.
The bench noted: ECI’s question is not about declaring someone a citizen or non-citizen, but about whether it can conduct inquisitorial inquiries into doubtful entries during voter roll revision.

The bench of CJI Surya Kant and Justice Joymalya Bagchi asked:
If an electoral roll has doubtful inclusions, would it not fall within ECI’s constitutional mandate to investigate?

This sets the stage for examining the legal basis of such inquiries.

Issue 2: Petitioner’s Argument – Citizenship Determination Is a Statutory Process

Appearing for petitioner Yogendra Yadav, senior advocate Shadan Farasat argued:

  1. Article 326 states that a person must be
    (a) a citizen of India, and
    (b) above 18 years of age
    to be registered as a voter.

  2. While the ECI may conduct an inquiry, the authority to decide citizenship lies exclusively with:

    • The Central Government

    • Foreigners Tribunals (under the Foreigners Act, 1946)

  3. Farasat emphasized that the Representation of the People Act, 1950 (RPA 1950) provides the statutory foundation for electoral rolls:

    • Section 16: Disqualifications for registration

    • Section 19: Eligibility based on age and ordinary residence

He argued that once a person meets the Section 19 threshold, a presumption of citizenship operates until a competent authority finds otherwise.

Issue 3: Supreme Court Questions the Presumption of Citizenship Standard

The bench disagreed with the idea that residence and age alone create a presumption of citizenship.

The Court offered an illustration:
An illegal migrant living in India for 10 years cannot claim automatic citizenship simply due to residence and age.

The Court held that:

  • ECI is empowered to examine documents related to voter eligibility.

  • ECI can doubt an entry and refer the matter to a foreigner tribunal if needed.

  • This doubt does not amount to determining citizenship but allows ECI to maintain the integrity of electoral rolls.

This creates a nuanced distinction:
Inquiry is permissible; determination is not.

Issue 4: Petitioners Alleging Lack of Transparency and Procedural Violations

Multiple senior advocates, including Kapil Sibal, A.M. Singhvi, Prashanto Chandra Sen, and others raised procedural concerns about the SIR in Bihar.

Key objections included:

  • The June 24 notification did not classify SIR as an “inquisitorial” citizenship inquiry.

  • ECI failed to disclose reasons for deletions.

  • SIR allegedly violated ECI’s own Standard Operating Procedure (SOP).

  • Suo motu deletions in an election year undermined voter rights.

  • No record of any “independent appraisal” justifying nationwide SIR.

Advocates argued for summoning internal ECI documents similar to the Supreme Court’s approach in the demonetisation case.

Issue 5: Parallel Challenges in Kerala and Tamil Nadu

The Court also addressed related petitions concerning SIR exercises in Kerala and Tamil Nadu.

Key developments:

  • ECI extended the deadline for enumeration forms in Kerala to December 18 due to local body polls.

  • Requests for extension in Tamil Nadu hilly regions were also examined.

  • The bench criticized ECI’s “mechanical answers,” urging contextual responses instead of relying on statistics such as 99.27% digitisation.

The matter will now be heard further on Thursday.

Statutory Provisions Relevant to the Case

1. Representation of the People Act, 1950

  • Section 15–23: Preparation and revision of electoral rolls

  • Section 16: Disqualifications for registration

  • Section 19: Basic conditions (age + ordinary residence)

  • Section 21: Powers of ECI and authorities during revision
    These sections frame the legal authority for SIR exercises.

2. Constitution of India

  • Article 324: Broad supervisory powers of ECI over elections

  • Article 326: Voting rights based on citizenship and age

  • Article 14: Mandates non-arbitrariness in state action

  • Article 21: Protects procedural fairness
    These provisions determine whether ECI’s conduct aligns with constitutional mandates.

3. Citizenship Act, 1955

Determination of citizenship is governed strictly under this Act.

4. Foreigners Act, 1946 & Foreigners (Tribunal) Order

Foreigners Tribunals have exclusive legal authority to determine citizenship status in disputed cases.

Relevant Judicial Precedents

1. Mohinder Singh Gill v. Chief Election Commissioner (1978)

Held that Article 324 gives ECI wide powers to ensure free and fair elections.

2. Lakshmi Charan Sen v. A.K.M. Hassan Uzzaman (1985)

ECI has supervisory control over electoral roll preparation and revision.

3. People’s Union for Civil Liberties (PUCL) v. Union of India (2003)

Affirmed the centrality of electoral transparency.

4. Sarbananda Sonowal v. Union of India (2005)

Clarified the jurisdiction of Foreigners Tribunals on citizenship determination.

These precedents shape the Court’s understanding that while ECI cannot decide citizenship, it must ensure electoral purity.

Conclusion: A Critical Constitutional Debate on ECI’s Powers

The Supreme Court’s ongoing scrutiny raises profound questions about the balance between:

  • protecting voter rights,

  • preventing wrongful deletions, and

  • maintaining electoral integrity.

The Court has clearly drawn the line between:

  • ECI’s power to inquire, and

  • ECI’s lack of power to determine citizenship.

As the matter is ongoing, the next hearing will further define the constitutional limits of ECI’s investigative role during nationwide voter roll revisions.


Location: Pune, Maharashtra, India

Comments

Post a Comment

Popular posts

Father of RG Kar Victim Loses Faith in Legal System Amid Allegations of CBI Inconsistencies

Image
  A Father’s Frustration with the System The father of the 31-year-old postgraduate doctor who was raped and murdered at Kolkata’s RG Kar Medical College on August 9, 2024, has publicly expressed his deep disillusionment with the Indian legal system. In a powerful and emotional statement, he told ANI that the Central Bureau of Investigation (CBI) has presented contradictory reports in two different courts—the Calcutta High Court and Sealdah District Court. “This is not just a failure of investigation—this is a betrayal. Even Supreme Court judges could not believe the differences in what the CBI is saying. We had faith in the agency, but now, we are losing all hope,” he stated. Allegations of Withheld Evidence The father alleged that the CBI is deliberately withholding key details about the case, despite reportedly knowing who the perpetrators are. He believes the answers lie in his daughter’s phone, which the CBI claims it does not possess—an assertion he disputes. According t...
Read more

Bill Gates Applauds India's 'Namo Drone Didi' Program: A Game-Changer in Rural Empowerment and Agri-Tech

Image
Microsoft Founder Bill Gates Lauds India’s Namo Drone Didi Program In a strong endorsement of India’s evolving rural development model, Microsoft founder Bill Gates has praised the Namo Drone Didi initiative, launched in 2023 by the Government of India. The program empowers rural women by training them to operate drones for agricultural purposes, thereby boosting productivity, reducing manual labor, and enhancing socio-economic inclusion. Gates shared a detailed video and blog highlighting his interaction with three "Drone Didis" from Bihar— Sangita Devi , Sumintra Devi , and Kajol Kumari —during his visit to Delhi last month. He applauded the initiative's early success and expressed optimism about its future scalability. What is the Namo Drone Didi Program? Launched under the vision of Prime Minister Narendra Modi, the Namo Drone Didi scheme is part of a broader strategy to promote women-led development and precision agriculture . It aims to provide 15,000 dro...
Read more

Flight Operations Disrupted Amid India-Pakistan Tensions: Air India and IndiGo Cancel Multiple Flights on May 13, 2025

Image
🔹 Flight Cancellations Announced by Air India On Tuesday, May 13, 2025 , Air India officially announced the cancellation of two-way flight operations to and from the following eight airports : Jammu Leh Jodhpur Amritsar Bhuj Jamnagar Chandigarh Rajkot The airline posted a statement on its official X (formerly Twitter) account, stating: "In view of the latest developments and keeping your safety in mind, flights to and from Jammu, Leh, Jodhpur, Amritsar, Bhuj, Jamnagar, Chandigarh and Rajkot are cancelled for Tuesday, 13th May." Air India further assured passengers that they are closely monitoring the situation and will provide timely updates as operations resume in the coming days. 🔹 IndiGo Follows with Six Airport Cancellations Following Air India's decision, IndiGo Airlines also issued a travel advisory cancelling its flight operations for May 13, 2025, at the following six airports : Jammu Amritsar Chandigarh Leh ...
Read more

Your Complete Online Guide to Land Records and Services in Bihar

Image
Introduction: The Shift Towards Digital Land Governance India’s land management system has traditionally relied on manual records maintained at local government offices. While foundational to governance and ownership, this manual system often led to bureaucratic delays, land disputes, and lack of transparency. Recognizing these issues, state governments across India have progressively adopted digital systems to make land-related services accessible, transparent, and efficient. Bihar Bhumi Portal: A Digital Leap in Land Management One of the leading examples of this digital transformation is Bihar’s Bihar Bhumi portal ( https://biharbhumilrc.com/ ), developed and maintained by the Revenue and Land Reforms Department of Bihar . The portal has become a centralized platform providing a wide range of land-related services to citizens, eliminating the need for in-person visits to land offices. Purpose and Vision The key objective behind launching the Bihar Bhumi portal was to empower...
Read more

Equality Before Law

Image
                            Equality Before Law                                                   Introduction The rule of law was firstly introduced by A.V. Dicey in  his book "The Constitution Of England" in which there is rule which only prevails is law in which all are equal. In simple word if any wrong is being done which is not justifiable  by law committed by anyone that may be president, prime minister, or any individual are punishable because there is supremacy of law. Supremacy of law means the government which is power or the people who elected the government all will be treated equally before law.  Article 14 The Indian Constitution 1949, Article 14 guarantees "Equality before law The State shall not deny to any person equality before the law or the...
Read more

Rights of a Arrested Person in India

Image
One of the basic and important feature of our legal system in benefits goes to arrested person on the principal of presumption of innocence of the accused person until he/she found guilty at the end of trail on legal evidence. Rights include the rights of the accused at the time of arrest, at the time of search and seizure, during the process of trail and the like. In well known case of Meneka Ghandhi v. UOI it was interpreted that the procedure adopted  by the state must be fair, just and reasonable. The certain rights which arrested person need to know are as follows: 1. Right To Silence "it was essentially right to refuse to answer and incriminate oneself in the absence of proper charge. Not initially, the right to refuse to reply to proper charge." the Justice Malimath Committee. The dependent if he so desires can be witness in his trial. His confession in police station is not admissible in court. Only to the magistrate is admissible. The Indian constitution guarantees e...
Read more

Evolution of Constitution under Article 14 to 18

Image
 Evolution of Constitution under Article 14 to 18 INTRODUCTION The idea of equality referenced under Article 14 to Article 18 upgrades a more extensive idea and a more extensive part of the examination as the subject of equity itself shapes a vital and powerful idea in itself. The idea of fairness overwhelms the exceptionally two significant ideas of equivalent security of law and equity under the steady gaze of the law. Likewise, the idea of uniformity wins in a wide range of establishments and accommodates equivalent freedoms for people with the abrogation of unapproachable and nullification of titles. The idea is a more extensive methodology as it is significant for society to look to each individual with a similar methodology regardless of his sexual orientation, rank, and religion. The law is visually impaired and is equivalent for each individual as it says that balance wins for each individual and each individual has the option to be secured by the law. Evolution  The f...
Read more

Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

Image
Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...
Read more

Delhi High Court Grants Bail to Former Bank Manager Accused of Defrauding Woman of ₹13 Crores

Image
Delhi High Court Grants Bail to Former Bank Manager  Accused of Defrauding Woman of ₹13 Crores  The Delhi High Court has granted bail to Varun Vashista , a former bank manager accused of embezzling over ₹13 crores from a customer’s account while working at ICICI Bank's Vikas Puri branch. The bail was approved by Justice Amit Mahajan on November 12, 2024, after considering the evidence and facts of the case.   Details of the Case The allegations against Vashista stem from his role as a branch manager. The complainant and her husband had entrusted him with managing their investments, amounting to ₹13.5 crores, between 2019 and 2023.   The complainant discovered in January 2024 that nearly ₹12 crores had been **siphoned off** from her account. Key allegations include:   - Creation of Fake Fixed Deposits: The accused reportedly created fraudulent fixed deposit accounts in the complainant’s name.   - Misappropriation of Funds: Funds were tr...
Read more

Exploring Articles 236 to 238 of the Indian Constitution: A Contemporary Discourse

Image
Exploring Articles 236 to 238 of the Indian Constitution: A Contemporary Discourse Introduction : The Indian Constitution, as the guiding framework of the nation, is a living document that requires periodic review and adaptation to meet the needs of a rapidly changing society. Articles 236 to 238 of the Indian Constitution pertain to the High Courts in the states and Union territories. In this article, we delve into a discussion surrounding these articles, analyzing their relevance in the modern era, and exploring relevant case laws that highlight their significance in contemporary India. Article 236: Interpretation : Article 236 deals with the interpretation of the provisions related to High Courts in Part VI of the Indian Constitution. In the modern era, this article plays a pivotal role in ensuring that the functioning and jurisdiction of the High Courts are correctly understood and implemented. One of the landmark cases that has shaped the interpretation of this article is the case...
Read more