Electoral Rolls and Citizenship in India

The article emphasizes the fundamental principle that only Indian citizens can be included in the electoral rolls, thereby qualifying them to be electors and potential legislators. This principle is rooted in the Constitution of India and various legislative acts.

Constitutional Provisions

• Article 324: Empowers the Election Commission of India (ECI) with the "superintendence, direction, and control" over the preparation of electoral rolls and the conduct of elections.
• Article 326: Stipulates that elections to the House of People and State Legislatures should be based on adult suffrage, meaning only citizens of India aged 18 and above, without disqualifications, can vote.

The Representation of the People Act, 1950

This Act deals with the preparation and maintenance of electoral rolls and the delimitation of constituencies.

• Preamble: Outlines the purpose of the Act, including the allocation of seats and qualifications of voters.
• Sections: 
  1. Section 15: Addresses the preparation of electoral rolls for each constituency under the ECI's supervision.
  2. Section 16: States that non-citizens are disqualified from being registered as voters.
  3. Section 16(2): Allows for the removal of non-citizens from the electoral rolls if erroneously included.
  4. Section 20: Defines "ordinarily resident" status in a constituency.
  5. Section 21: Concerns the preparation and revision of electoral rolls.
  6. Section 22 and 23: Address corrections and inclusion of names in electoral rolls.
  7. Section 24: Allows appeals against orders of inclusion or exclusion.

Citizenship and Legislative Membership

• Article 102 and 191: Provide for the disqualification of membership in either House of Parliament or State Legislature if the person is not a citizen of India.
• Non-citizens cannot be voters or members of the Legislature.

Verification and Legal Precedents

• The ECI is obligated to verify citizenship status upon receiving complaints about non-citizens in electoral rolls.
• Failure to do so violates constitutional duties assigned to ECI under Articles 324 and 326.
• Example Case: Dr. Yogesh Bhardwaj vs State Of U.P., where lawful residence was emphasized as a criterion.

Aadhaar and Citizenship

• Section 9 of the Aadhaar Act: Clarifies that Aadhaar is not proof of citizenship.
• Section 3: States that any resident can obtain an Aadhaar number.

In conclusion, the integrality of citizenship to electoral participation is reinforced through constitutional and statutory provisions in India. Possession of documents like Aadhaar does not suffice as proof of citizenship for electoral purposes.