'Election Commission Has Power To Verify Citizenship' : ECI Tells Supreme Court In Bihar SIR Matter

The Election Commission of India (ECI) has defended its authority to seek proof of citizenship during the Special Intensive Revision (SIR) of electoral rolls in Bihar, in a counter-affidavit filed before the Supreme Court in the batch of petitions challenging the SIR process.

Responding to the petitioner's argument that the ECI was overstepping its jurisdiction by calling upon individuals to prove citizenship, the Commission submitted that it is statutorily bound to ensure that only citizens of India are registered as voters.

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, inter alia, an assessment of citizenship as per Article 326 of the COI. Such scrutiny is constitutionally mandated and crystallized by virtue of RP Act 1950. This power flows directly from the provisions of Article 324 read with 326 and Sections 16 and 19 of the RP Act 1950”, the counter affidavit filed by Deputy Election Commissioner Sanjay Kumar said.

Referring to Section 19, the ECI stated that one of the key eligibility criteria for registration in the electoral roll is that a person “must be a citizen of India.” It contended that it is the Commission's duty to verify whether this condition is met.

“Under the provision of the Constitution of India and statutory provisions, the ECI is obligated to verify the eligibility of the voters and ensuring any person who fails to fulfil the mandatory, requirements of eligibility is not included in the electoral rolls and further that every person fulfilling all the eligibility requirements does not get excluded from the electoral rolls”, the affidavit states.

The Commission rejected the argument that power to adjudicate citizenship vests solely with the central government.

“Section 9 of the Citizenship Act 1955 speaks of termination of citizenship only in cases of voluntary acquisition of citizenship of a foreign state, and vests the power in the Sentral Government to decide question which arises as regards when or how any citizen of India has acquired. citizenship of another country. It is only for this, limited purpose that the exclusive jurisdiction has been vested in the Central Government, to the exclusion of all other authorities. Other aspects related to citizenship can be inquired into by other relevant authorities for their purposes, including those who are constitutionally obligated to do so, ie., the ECI”, the affidavit states.

The Commission further submitted that there are various provisions in the Constitution which require establishment of citizenship in different contexts, such as, for claiming a particular fundamental right or for occupying certain constitutional offices. It highlighted that the Constitution contemplates decisions by different authorities with regard to citizenship in the context of different purposes.

“the necessary documents required to establish citizenship are within the special knowledge of the individual claiming to be a citizen of India. Given the nature of this evidence and the fact that such evidence should/ought to be within the personal knowledge of the individual concerned and not of the authorities of State it is incumbent on the said individual to provide, such proof”, the affidavit reads.

The Commission rejected the argument that requiring proof of citizenship during the SIR amounts to reversing the burden of proof. The affidavit states that under the electoral registration scheme, a person must apply for inclusion in the roll by submitting Form 6 under the Registration of Electors Rules, 1960, and must establish eligibility at the time of applying.

On the question of removal of existing names from the electoral roll, the ECI clarified that such removal is undertaken only after a detailed inquiry, and only when the Electoral Registration Officer (ERO) is satisfied that a person is not qualified for registration.

The Commission said, “Under the SIR exercise, the citizenship of an individual will not terminate on account of the fact that he/she is held to be ineligible for registration in the electoral rolls.”

The ECI further submitted that it is not undertaking any independent exercise of determining or adjudicating upon the question of citizenship, but only discharging its duty to ensure that names of non-citizens are not included in the electoral roll. It stated that this was distinct from the process under the Citizenship Act, 1955, which vests adjudication powers with the competent authorities under that statute.

It emphasised that while adjudication of citizenship claims is not within the ECI's domain, verifying whether an applicant or existing voter meets the citizenship condition for inclusion in the electoral roll is well within its statutory powers and necessary to uphold the integrity of elections.

The matter is listed next for hearing on July 28.

During the hearing of the petitions challenging the Bihar SIR, the Supreme Court, on July 17, had orally commented that the determination of citizenship was not the function of the ECI and that it was the prerogative of the Union Government. The Court had also urged the ECI to consider Aadhaar, Voter ID and Ration cards in the Bihar SIR process.

Case no. – W.P.(C) No. 640/2025 and connected matters

Case Title – Association for Democratic Reforms and Ors. v. Election Commission of India and connected matters