The Election Commission of India (ECI) has firmly defended its Special Intensive Revision (SIR) of electoral rolls in Bihar, assuring the Supreme Court that an individual’s citizenship will not be terminated merely because they are found ineligible for registration as a voter during this process.
In its 88-page affidavit, the ECI clarified that the purpose of SIR is purely electoral—to ensure the accuracy of the voter list, especially in the context of the upcoming state elections in Bihar. The ECI emphasized that this exercise is not a determination of citizenship, nor does it affect an individual’s legal status as a citizen under Indian law.
Crucially, the Commission stated:
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It has the constitutional mandate under Article 324 to oversee and ensure free and fair elections, and this includes maintaining a clean and lawful electoral roll.
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The ECI can seek proof of citizenship from individuals to verify voter eligibility, as only Indian citizens can vote. However, this does not infringe on the person’s citizenship status, which is governed by separate laws like the Citizenship Act, 1955.
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The affidavit also argued that no parliamentary law can override or restrict the ECI’s jurisdiction when it comes to maintaining the integrity of electoral rolls.
This clarification came in response to growing concerns that the SIR process might be misused to target vulnerable communities or that exclusions from the voter list could later be used to question a person's citizenship.
The ECI’s defence highlights that:
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Disqualification from voting rights ≠ loss of citizenship.
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Voter rolls and citizenship databases are governed by distinct legal frameworks, even if they overlap in documentation requirements.
The Supreme Court is currently hearing challenges to the ECI's methodology and scope in Bihar, where critics allege that the SIR could lead to arbitrary disenfranchisement ahead of elections.
This case is expected to have nationwide implications, especially with elections approaching in several states, and amid rising scrutiny over how electoral and citizenship data are collected, verified, and interpreted.