SDPI Welcomes Supreme Court’s Clarification That ECI Cannot Determine Citizenship

Muhammed Ashraf, National General Secretary of the Social Democratic Party of India, welcomed the Supreme Court’s unequivocal ruling that the Election Commission of India has no constitutional authority to determine citizenship. The Court has categorically held that the Commission’s mandate is confined to deciding electoral eligibility and that the Special Intensive Revision is solely intended to ensure accurate and clean electoral rolls. The ECI may conduct only a limited inquiry for voter registration purposes, while any question relating to citizenship must be examined by the competent authority under the Citizenship Act, 1955. Deletion from the electoral roll can affect only voting rights, and the names of persons whose citizenship is subsequently established must be restored. The Court’s observation that a passport is, in many circumstances, strong evidence of citizenship offers much needed reassurance to citizens.

Ashraf said the deletion of nearly 91 lakh names from the electoral rolls in West Bengal and the pendency of around 34 lakh appeals is a matter of grave concern. Welfare benefits and other civil rights cannot be denied merely because a person’s name is absent from the electoral roll. He also welcomed the Court’s direction that affected persons may seek immediate relief before the High Court and that the authorities must ensure the expeditious disposal of pending appeals.