Supreme Court Says Election Commission Can Conduct Limited Citizenship Verification During SIR

The Supreme Court has stated that the Election Commission can conduct limited verification of citizenship while preparing or revising electoral rolls, but it cannot make a final determination on anyone’s citizenship status.

On May 27, the Supreme Court observed that the Election Commission of India (ECI) is empowered to carry out a limited examination of citizenship status during the preparation and revision of voter lists. However, the apex court clarified that the final authority to determine citizenship rests only with the competent authorities of the Central Government.

The observation regarding citizenship was made by a bench headed by Chief Justice of India (CJI) Surya Kant in a significant judgment that upheld the Election Commission’s authority to undertake Special Intensive Revision (SIR) and revision of electoral rolls.

The bench stated that the Election Commission has the authority to verify citizenship only for the limited purpose of determining whether a person is eligible to be included in the electoral roll.

The judgment further noted that under Section 16 of the Representation of the People Act, the Election Commission is legally empowered to examine citizenship-related issues while preparing or revising voter lists. However, such examination can only be conducted to decide whether a person’s name should be included in or removed from the electoral roll.

The Court also emphasized that due consideration must be given to the legal presumption in favor of a voter whose name is already registered in the electoral roll.

According to the judgment, within this limited legal framework, the Election Commission can assess the material placed before it and take decisions for electoral purposes. The bench clarified that the entire process would remain subject to judicial review to ensure that the inquiry is conducted fairly and in accordance with the law.

The Court further stated that removal of a person's name from the voter list does not amount to declaring that individual a non-citizen under the law.

The judgment noted that inclusion in the electoral roll creates a legal presumption of citizenship, although this presumption can be challenged through due legal process and proper verification.

To prevent wrongful denial of voting rights, the Supreme Court directed the Election Commission to refer all cases in which names are removed on citizenship grounds to the competent authority under the Citizenship Act within four weeks.