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Showing posts with the label Citizenship Debate

Election Commission’s Power to Verify Citizenship Limited to Electoral Rolls: Supreme Court Told

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Background of the Case The Election Commission of India (ECI) has informed the Supreme Court that its authority to verify a person’s citizenship during the Special Intensive Revision (SIR) of electoral rolls is strictly confined to determining eligibility for voter registration and does not extend to deportation or termination of citizenship. The submissions were made before a Bench headed by Chief Justice of India Surya Kant , along with Justice Joymalya Bagchi , while hearing a batch of petitions challenging the legality of the SIR exercise undertaken by the ECI. What Is the Special Intensive Revision (SIR)? The Special Intensive Revision is an electoral exercise conducted periodically by the ECI to: Remove names of deceased voters Delete entries of persons who have permanently migrated Correct duplicate or erroneous voter records The petitioners allege that the current SIR exercise is being used as a backdoor mechanism to determine citizenship , thereby leading to potential disen...

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

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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 th...