New Delhi, Jul 22 . The Election Commission of India (ECI) has told the Supreme Court that it has the statutory and constitutional authority to seek proof of citizenship during the Special Intensive Revision (SIR) of electoral rolls in Bihar.
Defending its action in a counter-affidavit filed in the batch of petitions challenging the SIR process, the ECI rejected the argument that it was overstepping its jurisdiction by asking individuals to prove citizenship.
It asserted that this obligation flows from Article 326 of the Constitution and Sections 16 and 19 of the Representation of the People Act, 1950.
“ECI is vested with the power to scrutinize whether a proposed elector fulfils the criteria for being registered as a voter in the electoral roll, which includes an assessment of citizenship as per Article 326,” stated the affidavit filed by Deputy Election Commissioner Sanjay Kumar.
The ECI added that its powers flow directly from Articles 324 and 326 read with Sections 16 and 19 of the RP Act, 1950.
Highlighting Section 19, the Commission emphasised that citizenship is a key eligibility criterion for voter registration. It is thus obligated to verify this condition to ensure that no ineligible person is included and no eligible person excluded.
The ECI rejected the contention that only the central government can adjudicate citizenship issues, clarifying that Section 9 of the Citizenship Act, 1955, vests exclusive jurisdiction with the Centre only for determining termination of citizenship upon voluntary acquisition of foreign citizenship.
“Other aspects related to citizenship can be inquired into by other relevant authorities for their purposes, including the ECI,” it stated.
The affidavit further said that proof of citizenship lies within the special knowledge of the individual claiming to be an Indian citizen, and it is incumbent upon them to provide such evidence.
Refuting the petitioners’ argument that seeking such proof reverses the burden of proof, the Commission pointed out that under the electoral registration framework, applicants must establish their eligibility while submitting Form 6 under the Registration of Electors Rules, 1960.
Regarding deletion of existing names from the electoral roll, the ECI clarified that such removal is done only after detailed inquiry and satisfaction of the Electoral Registration Officer (ERO) that a person is not qualified.
“Under the SIR exercise, the citizenship of an individual will not terminate on account of being held ineligible for registration in the electoral rolls,” the affidavit emphasised, adding that it is not adjudicating citizenship per se but merely ensuring that non-citizens do not get registered as voters.
The matter is listed for hearing on July 28.
During the last hearing on July 17, the Supreme Court had observed that determination of citizenship is the prerogative of the Union Government, not the ECI, and urged the Commission to consider Aadhaar, Voter ID and Ration cards in the Bihar SIR process.
The ECI’s counter affidavit was drawn by Advocates Eklavya Dwivedi, Sidhant Kumar, Prateek Kumar and Kumar Utsav.
. SNG .
