Election Commission of India's (ECI) Defence of Special Intensive Revision (SIR) of Electoral Rolls
The Election Commission of India (ECI) defended its Special Intensive Revision (SIR) of electoral rolls before the Supreme Court, dismissing claims that it was conducting a "parallel" National Register of Citizens (NRC).
Constitutional Duty and Powers
- ECI asserted its constitutional power and duty to ensure that no foreigners are included in the nation's electoral rolls.
- The process aims to ensure accuracy, even if it means excluding a single foreigner.
Opposition's Argument and ECI's Counter
- Petitioners, including opposition parties, argued that the SIR was a "citizenship drive" akin to an NRC.
- ECI countered by explaining the differences between SIR and NRC, emphasizing that SIR only involves citizens aged 18 and above.
- Unlike the NRC, persons of unsound mind are excluded from electoral rolls.
Legal and Constitutional Framework
- ECI draws its powers from Article 324 of the Constitution for the preparation of electoral rolls.
- Distinction between the Centre's role in issuing national identity cards and maintaining a National Register of Indian Citizens.
- ECI's role focuses on ensuring only citizens participate in the electoral process.
Historical Context and Constitutional Intent
- Historical importance of citizenship in India's nationhood struggle, as highlighted in debates of the Constituent Assembly.
- The Government of India Act, 1935, had provisions for separate electorates, leading to objections and shaping the current framework.
ECI's Authority and Legislative Framework
- ECI holds plenary powers over elections, including citizenship verification, under Articles 324 and 326.
- Parliament’s power under Article 327 to frame election laws is subject to these constitutional provisions.
- Section 9(2) of the Citizenship Act confines the Central government's exclusive jurisdiction to citizenship termination.
Reasons for Deviation in Electoral Rolls
- ECI justified deviations during the SIR 2025 due to factors like rapid urbanization and migration.
- The aim was to maintain the integrity and purity of the electoral rolls.
