Election Commission Defends D-Voter Identification Process in Assam Affidavit
The Election Commission of India (ECI) has filed an affidavit defending its process for identifying "doubtful voters" (D-voters) in Assam.
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Quick Revision
ECI identifies 'D-voters' and refers cases to Foreigners Tribunals.
ECI states its role is limited to electoral roll management, not citizenship determination.
National Register of Citizens (NRC) is a separate exercise by Registrar General of India.
Key Numbers
Visual Insights
Assam's D-Voter Context: Border & Tribunals
This map illustrates the geographical context of the 'D-voter' issue, highlighting Assam's strategic location bordering Bangladesh, which is central to concerns about illegal immigration and the role of Foreigners Tribunals.
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ECI's D-Voter Identification & Referral Process
This flowchart outlines the Election Commission of India's specific role in identifying 'Doubtful Voters' (D-voters) and referring their cases, as defended in its Supreme Court affidavit, distinguishing its function from citizenship determination.
- 1.Periodic Revision of Electoral Rolls by ECI
- 2.Electoral Registration Officer (ERO) identifies 'Doubtful' cases during field verification/document scrutiny
- 3.Mark 'D' (Doubtful) against the voter's name in the electoral roll
- 4.D-voter is barred from casting vote
- 5.ECI refers the 'D' case to Foreigners Tribunal (FT) for determination of citizenship
- 6.Foreigners Tribunal adjudicates the case (determines citizenship status)
- 7.If declared Indian Citizen by FT
- 8.If declared Foreigner by FT
- 9.ECI restores name in electoral roll, voting rights reinstated
- 10.ECI deletes name from electoral roll
Exam Angles
Constitutional mandate and functions of the ECI (Article 324)
Role and powers of Foreigners Tribunals (statutory bodies)
National Register of Citizens (NRC) - legal basis, process, and controversies
Citizenship provisions in the Indian Constitution (Part II) and Citizenship Act, 1955
Interplay between different government bodies (ECI, RGI, Judiciary, MHA) in managing citizenship and electoral processes
Challenges of illegal immigration and its impact on demographic and electoral processes, particularly in border states like Assam
View Detailed Summary
Summary
The Election Commission of India (ECI) has submitted an affidavit to the Supreme Court, defending its process of identifying "doubtful voters" (D-voters) in Assam. These are individuals whose citizenship or voting eligibility is under question. The ECI clarified that it only identifies such voters and then refers their cases to the Foreigners Tribunals for determination.
It also stated that the National Register of Citizens (NRC) is a separate exercise conducted by the Registrar General of India, and the ECI's role is limited to electoral roll management. Essentially, the ECI is asserting its constitutional mandate to maintain accurate electoral rolls while distinguishing its functions from other citizenship-related processes.
Background
Latest Developments
Practice Questions (MCQs)
1. With reference to the identification of 'D-voters' and related processes in India, consider the following statements: 1. The Election Commission of India (ECI) is constitutionally mandated to identify 'D-voters' and subsequently determine their citizenship status. 2. Foreigners Tribunals are quasi-judicial bodies established under the Foreigners Act, 1946, to determine the status of individuals suspected to be illegal immigrants. 3. The National Register of Citizens (NRC) is prepared and maintained under the direct supervision of the Election Commission of India. Which of the statements given above is/are correct?
- A.1 only
- B.2 only
- C.1 and 3 only
- D.2 and 3 only
Show Answer
Answer: B
Statement 1 is incorrect. The ECI identifies 'D-voters' (doubtful voters) but does not determine their citizenship status; it refers such cases to Foreigners Tribunals. Citizenship determination is not within ECI's mandate. Statement 2 is correct. Foreigners Tribunals are quasi-judicial bodies established under the Foreigners Act, 1946, and the Foreigners (Tribunals) Order, 1964, to determine whether a person is a foreigner or not. Statement 3 is incorrect. The NRC is prepared and maintained by the Registrar General of India (RGI) under the Ministry of Home Affairs, not the ECI.
2. Consider the following statements regarding the Election Commission of India (ECI): 1. The Chief Election Commissioner and other Election Commissioners have equal powers and receive equal salaries and allowances. 2. The Chief Election Commissioner can be removed from office by the President on the recommendation of the Parliament through a special majority. 3. Other Election Commissioners can be removed by the President on the recommendation of the Chief Election Commissioner. Which of the statements given above is/are correct?
- A.1 and 2 only
- B.2 and 3 only
- C.1 and 3 only
- D.1, 2 and 3
Show Answer
Answer: D
All three statements are correct. Statement 1: The Chief Election Commissioner and other Election Commissioners have equal powers and receive equal salaries and allowances, which are similar to those of a judge of the Supreme Court. Statement 2: The Chief Election Commissioner can be removed from office in the same manner and on the same grounds as a judge of the Supreme Court, which requires a resolution passed by both Houses of Parliament with a special majority. Statement 3: Other Election Commissioners and Regional Commissioners can be removed by the President on the recommendation of the Chief Election Commissioner.
3. In the context of citizenship in India, which of the following statements is NOT correct?
- A.The Constitution of India provides for single citizenship for the entire country.
- B.The Parliament has exclusive power to make any provision with respect to acquisition and termination of citizenship.
- C.A person who is a citizen of India by birth cannot be deprived of his citizenship under any circumstances.
- D.The Citizenship Act, 1955, provides for acquisition of Indian citizenship by birth, descent, registration, naturalisation, and incorporation of territory.
Show Answer
Answer: C
Statement C is NOT correct. While the Constitution provides for single citizenship and Parliament has exclusive power over citizenship matters (Statements A and B are correct), a person who is a citizen by birth can indeed be deprived of citizenship under certain circumstances, such as by renunciation, termination (if they voluntarily acquire citizenship of another country), or deprivation (if acquired by fraud, disloyalty to the Constitution, etc., as per the Citizenship Act, 1955). Statement D correctly lists the modes of acquiring citizenship under the Citizenship Act, 1955.