EC Clarifies Limits of Centre’s Citizenship Scrutiny Powers

EC Clarifies Limits of Centre’s Citizenship Scrutiny Powers

Why in the News ?

The Election Commission (EC) informed the Supreme Court that the Centre’s authority over citizenship matters is limited to probing voluntary foreign citizenship, asserting that the EC independently holds power to assess citizenship for voter registration, amid Opposition concerns over the Special Intensive Revision (SIR).

EC’s Stand on Citizenship Scrutiny and Legal Basis:

  • The EC rejected Opposition claims that only the Centre can scrutinise citizenship, clarifying that the Centre’s powers are restricted to Section 9 of the Citizenship Act, 1955, dealing solely with voluntary acquisition of foreign citizenship.
  • The Commission argued that other citizenship-related inquiries (other than foreign citizenship acquisition) can be conducted by multiple authorities, including the EC.
  • It emphasised that its jurisdiction flows from Article 324, empowering it to supervise and control elections, and Article 326, which requires Indian citizenship for voting rights.
  • The EC stated that its assessment of citizenship under SIR is strictly to verify eligibility for electoral roll registration, not to determine citizenship status.
  • It added that Parliament’s power under Article 327 to make electoral laws cannot override the EC’s constitutional authority.

Opposition Concerns and EC’s Response on SIR Exercise

  • Opposition parties in Tamil Nadu, Kerala, and West Bengal alleged the SIR was being used as a citizenship screening tool, equating it to a de facto National Register of Citizens (NRC).
  • The EC dismissed these allegations, stating that SIR under Section 21(3) of the ROPA, 1950 is meant to ensure “purity of electoral rolls”, a Basic Feature of free and fair elections.
  • It explained that the SIR was initiated due to “felt necessities” and was constitutionally sound and transparent.
  • The EC denied claims that the burden of proof was unfairly shifted onto electors, stating the process was voter-friendly, requiring only signatures on pre-filled forms delivered home by Booth Level Officers.
  • The poll body added that this minimal requirement applied mainly to voters who could not trace their earlier eligibility during the 2002 SIR.

Key Constitutional and Legal Provisions:

●      Article 324: Grants EC plenary powers over elections.

●      Article 326: Mandates that only Indian citizens can vote.

●      Article 327: Allows Parliament to make laws on elections but subject to EC’s constitutional authority.

●      Citizenship Act, 1955 – Section 9: Centre determines cases of voluntary foreign citizenship acquisition.

●      ROPA, 1950 – Sections 16 & 19: Disqualify non-citizens from electoral rolls; require voters to be ordinarily resident in a constituency.