Supreme Court Questions Voter Roll Deletions Based on Citizenship Inquiry

Supreme Court examines if EC's voter roll deletions can trigger citizenship investigations.

Photo by Mufid Majnun

The Supreme Court questioned the Election Commission (EC) on whether an Electoral Registration Officer's (ERO) decision to remove voters from electoral rolls, based on citizenship inquiries during special intensive revision (SIR), could lead the Centre to initiate investigations into their right to remain in India or face deportation. Justice Joymalya Bagchi raised concerns about EROs excluding individuals before the Centre makes a final decision on their citizenship. The court's questions arise as nearly 6.5 crore names were deleted from draft electoral rolls in nine states and three Union Territories, including West Bengal, Uttar Pradesh, and Tamil Nadu, during the second phase of the SIR process. Senior advocate Rakesh Dwivedi argued that the Representation of the People Act and the Registration of Electors Rules of 1960 empower the EC to verify citizenship for electoral roll inclusion, while the Union government decides on deportation.

Key Facts

Names deleted: 6.5 crore in 9 states, 3 UTs

States: West Bengal, Uttar Pradesh, Tamil Nadu

Process: Special Intensive Revision (SIR)

UPSC Exam Angles

GS Paper II: Polity and Governance - Constitutional provisions, Representation of People Act

GS Paper II: Issues related to citizenship, electoral reforms

Potential for analytical questions on the balance between electoral integrity and individual rights

Visual Insights

States with Significant Voter Roll Deletions (SIR - 2026)

Shows states and UTs where significant voter roll deletions occurred during the Special Intensive Revision (SIR) process. Highlights the regions where the Supreme Court has raised concerns regarding citizenship inquiries.

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📍West Bengal📍Uttar Pradesh📍Tamil Nadu📍Assam

More Information

Background

The concept of electoral rolls and citizenship verification has deep roots in India's post-independence history. The initial electoral rolls were prepared under the provisions of the Constitution and the Representation of the People Act, 1950. Over the decades, various amendments and judicial pronouncements have shaped the process of voter registration and deletion.

Landmark cases, such as those related to illegal immigration from Bangladesh, have highlighted the complexities of determining citizenship and its impact on electoral rights. The legal framework has evolved to balance the need for accurate electoral rolls with the fundamental rights of individuals, including the right to vote. The Election Commission's powers and responsibilities in this regard have been consistently scrutinized and refined through legal challenges and legislative changes.

Latest Developments

In recent years, there has been increased scrutiny of voter lists and citizenship verification processes, particularly in states bordering Bangladesh. The implementation of the National Register of Citizens (NRC) in Assam and the debates surrounding its nationwide extension have intensified discussions about the criteria for citizenship and the potential for exclusion of genuine citizens. The use of technology, such as Aadhaar linkage, to verify voter identity has also raised concerns about data privacy and potential disenfranchisement.

The Election Commission has been working to improve the accuracy and transparency of electoral rolls through initiatives like voter awareness campaigns and online registration portals. The ongoing legal challenges and political debates surrounding these issues are likely to continue shaping the future of voter registration and citizenship verification in India.

Practice Questions (MCQs)

1. Consider the following statements regarding the powers of the Election Commission of India (ECI): 1. The ECI has the power to determine the validity of a citizen's claim to citizenship during electoral roll revision. 2. The ECI is empowered to initiate deportation proceedings against individuals deemed to be non-citizens. 3. The ECI's decisions regarding voter roll deletions are subject to judicial review by the Supreme Court. Which of the statements given above is/are correct?

A.1 and 2 only
B.3 only
C.1 and 3 only
D.1, 2 and 3

Show Answer

Answer: B

Statement 1 is incorrect because determining citizenship is primarily the domain of the Union government. Statement 2 is incorrect as the ECI does not have the power to initiate deportation proceedings. Statement 3 is correct as all decisions of the ECI are subject to judicial review.

2. In the context of voter registration in India, which of the following statements is NOT correct regarding the role of the Electoral Registration Officer (ERO)?

A.The ERO is responsible for preparing and maintaining the electoral roll for each constituency.
B.The ERO can suo moto delete names from the electoral roll based on citizenship inquiries.
C.The ERO is appointed by the Election Commission of India.
D.The ERO is responsible for receiving and processing applications for voter registration.

Show Answer

Answer: B

The ERO cannot suo moto delete names based solely on citizenship inquiries. A due process must be followed, and the individual must be given an opportunity to be heard.

3. Which of the following Acts empowers the Election Commission to verify citizenship for electoral roll inclusion?

A.The Citizenship Act, 1955
B.The Representation of the People Act, 1950
C.The Passport Act, 1967
D.The Foreigners Act, 1946

Show Answer

Answer: B

The Representation of the People Act, 1950, along with the Registration of Electors Rules, 1960, empowers the Election Commission to verify citizenship for electoral roll inclusion.