The Supreme Court on Wednesday observed that the Election Commission of India (ECI) can examine citizenship status only for the limited purpose of determining eligibility for inclusion in the voter list and clarified that deletion from the electoral roll does not amount to a legal declaration that a person is not a citizen.
The court also directed the poll panel to refer, within four weeks, cases where names were deleted on citizenship grounds to the competent authority under the Citizenship Act for adjudication.
The bench made the observations while upholding ECI's power to conduct the Special Intensive Revision (SIR) exercise, saying it "breathes life" into the constitutional mandate of free and fair elections and advances the "constitutional imperative" of ensuring credible polls.
Disposing of petitions challenging the SIR exercise in Bihar, SC said the credibility of the democratic process rests on the accuracy of the voter list.
One of the principal objections raised by petitioners, including the NGO Association for Democratic Reforms, was that the exercise functioned as an "NRC-like process", with the poll panel allegedly verifying citizenship — a power they argued rests exclusively with the Central government.
Rejecting the contention, the bench held that the Commission is empowered to undertake a limited enquiry into citizenship to satisfy itself about a person’s eligibility for inclusion in the electoral roll.
"We are, therefore, unable to hold that the impugned documentation framework is arbitrary or violative of the statutory scheme. The Commission is empowered, in the exercise of its constitutional mandate, to undertake a limited enquiry into citizenship for the purpose of satisfying itself as to eligibility for inclusion in the electoral roll," the court said.
The court clarified that such an enquiry "did not amount to a determination of citizenship in the strict sense" and that any action arising from it was confined only to electoral consequences.
"It affects the individual's entitlement to be included in the electoral roll, and thereby their right to participate in the electoral process. It does not, however, operate to divest the individual of claims of citizenship, nor does it foreclose a determination of that question by the competent authority under the Citizenship Act," the bench added.
To prevent disenfranchisement, the court directed the ECI to refer, within four weeks, all cases where names were deleted from the 2003 electoral roll on citizenship grounds to the competent authority under the Citizenship Act, 1955, for adjudication.
"The Competent Authority shall take the necessary decision in accordance with law, preferably before the next Parliamentary, Assembly, Local Body elections, whichever is earlier, after giving notice and an opportunity of hearing to the deleted individuals, if any," the court said.
It further said that where the Commission is not satisfied that a person meets the statutory conditions for inclusion in the electoral roll, it would be required to refer the matter to the competent authority under the Central government for adjudication under the Citizenship Act.
"The Commission's determination, being confined to electoral purposes, cannot assume finality on the question of citizenship. Any deletion effected on this ground shall, therefore, remain subject to the outcome of such adjudication by the appropriate authority," the bench said.