EC Defends Voter Roll Revision: Constitutional Duty to Exclude Foreigners
Election Commission asserts constitutional duty to exclude foreigners from voter rolls during revision.
Photo by Harshal
The Election Commission of India (EC) defended its ongoing special intensive revision (SIR) of electoral rolls before the Supreme Court on 06 January 2026, dismissing claims that it is conducting a “parallel” National Register of Citizens (NRC). The EC maintained it has the “constitutional power, even a constitutional duty” to ensure no foreigner occupies space in the nation’s electoral rolls.
The SIR, which began in Bihar last year, has expanded to cover 12 more States and Union Territories. The EC clarified that the SIR counts only those 18 years and above, unlike the NRC, which tallies all citizens.
Key Facts
EC: Has constitutional duty to ensure no foreigners in voter rolls
SIR: Special Intensive Revision of electoral rolls
SIR: Expanded to 12 more States and Union Territories
SIR: Counts only those 18 years and above
UPSC Exam Angles
GS Paper 2: Polity and Governance, Election Commission of India, Representation of People Act
Connects to issues of citizenship, fundamental rights, and electoral reforms
Potential question types: Statement-based, analytical, critical evaluation of ECI's role
Visual Insights
States and UTs Covered Under Special Intensive Revision (SIR) - 2026
This map highlights the 13 States and Union Territories where the Election Commission of India (ECI) is conducting the Special Intensive Revision (SIR) of electoral rolls as of January 2026. This is to ensure the exclusion of foreigners from the voter lists.
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More Information
Background
The concept of maintaining accurate electoral rolls predates the Indian Constitution. The Government of India Act, 1935, introduced limited franchise based on property, tax, or education, necessitating the creation of electoral rolls. Post-independence, Article 324 of the Constitution established the Election Commission of India (ECI) with the mandate to conduct free and fair elections, including the preparation and maintenance of electoral rolls.
The Representation of the People Act, 1950, further elaborated on the legal framework for electoral roll preparation, specifying eligibility criteria and procedures for inclusion and exclusion. Over the decades, the ECI has implemented various reforms to enhance the accuracy and inclusivity of electoral rolls, such as the introduction of photo electoral rolls and Electronic Voting Machines (EVMs). The focus on excluding foreigners from electoral rolls has been a consistent concern, driven by demographic changes and national security considerations.
Latest Developments
In recent years, the ECI has focused on leveraging technology to improve electoral roll management. The introduction of the National Electoral Roll Purification (NERP) program aimed to identify and remove duplicate and ineligible voters. The linking of Aadhaar with voter IDs, though initially proposed, faced legal challenges and concerns regarding privacy.
The ECI has also been actively engaging with civil society organizations and political parties to address concerns related to voter registration and electoral roll accuracy. Looking ahead, the ECI is expected to further enhance its data analytics capabilities to detect and prevent fraudulent voter registrations. The use of artificial intelligence and machine learning is also being explored to improve the efficiency and accuracy of electoral roll management.
The debate surrounding the balance between data privacy and electoral integrity is likely to continue shaping the ECI's policies and practices.
Practice Questions (MCQs)
1. With reference to the Election Commission of India's (ECI) mandate regarding electoral rolls, consider the following statements: 1. The ECI's power to prepare and revise electoral rolls is derived solely from the Representation of the People Act, 1950. 2. The Constitution mandates the ECI to ensure that no ineligible person, including foreigners, is included in the electoral rolls. 3. The ECI's special intensive revision (SIR) of electoral rolls is exclusively focused on individuals aged 18 years and above. Which of the statements given above is/are correct?
- A.1 and 2 only
- B.2 and 3 only
- C.3 only
- D.1, 2 and 3
Show Answer
Answer: B
Statement 1 is incorrect because the ECI's power is derived from Article 324 of the Constitution and the Representation of the People Act, 1950. Statements 2 and 3 are correct as they accurately reflect the ECI's constitutional duty and the focus of the SIR.
2. Which of the following statements accurately describes the historical context of electoral roll preparation in India? A) Electoral rolls were first introduced in India after the adoption of the Constitution in 1950. B) The Government of India Act, 1935, laid the foundation for limited franchise and the creation of electoral rolls based on certain criteria. C) The concept of excluding foreigners from electoral rolls was introduced only after the 1971 war with Pakistan. D) The ECI was established solely to conduct elections and had no role in the initial preparation of electoral rolls.
- A.A
- B.B
- C.C
- D.D
Show Answer
Answer: B
The Government of India Act, 1935, introduced limited franchise based on property, tax, or education, necessitating the creation of electoral rolls. This predates the adoption of the Constitution.
3. Assertion (A): The Election Commission of India (ECI) has the constitutional duty to ensure that no foreigner is included in the nation's electoral rolls. Reason (R): Article 19 of the Constitution grants all persons residing in India the right to vote. In the context of the above, which of the following is correct?
- A.Both A and R are true and R is the correct explanation of A
- B.Both A and R are true but R is NOT the correct explanation of A
- C.A is true but R is false
- D.A is false but R is true
Show Answer
Answer: C
Assertion A is true as the ECI has a constitutional duty to ensure the integrity of electoral rolls. Reason R is false because Article 19 guarantees freedom of speech and expression to citizens, not the right to vote to all residents. The right to vote is a statutory right, not a fundamental right, and is subject to citizenship.