Election Commission's Authority on Citizenship Scrutiny
The Election Commission of India (ECI) has addressed the issue of its authority to scrutinize citizenship in the context of electoral roll registration, particularly refuting claims from Opposition parties about the Union government's exclusive power.
Key Points
- Section 9 of the Citizenship Act, 1955: This section empowers the Union government to address the termination of citizenship in cases where Indian citizens voluntarily acquire foreign citizenship.
- The government's authority is confined to reviewing foreign citizenship acquisitions to determine if Indian citizenship should be terminated.
- Other aspects of citizenship can be inquired into by different authorities.
- ECI's Argument:
- The Commission can assess citizenship for electoral roll registration, a constitutional requirement under Article 326.
- The Special Intensive Revision (SIR) exercise is limited to ensuring a fair electoral roll, not determining citizenship status.
- Articles & Jurisdiction:
- Article 324: Empowers ECI to supervise and control elections.
- Article 326: Establishes Indian citizenship as a precondition for voter registration.
- Parliamentary laws under Article 327 must align with ECI's powers.
- Representation of the People Act (ROPA), 1950:
- Section 16: Disqualifies non-citizens from electoral rolls.
- Section 19: Requires voters to be "ordinarily resident" in their constituency.
- SIR is conducted under ROPA's Section 21(3) based on "felt necessities".
- Opposition's Concerns:
- Parties in Tamil Nadu, Kerala, and West Bengal see SIR as a citizenship screening tool.
- ECI denies SIR shifts verification burden onto electors, describing it as "voter-friendly."
Conclusion
The ECI emphasizes its role in maintaining the integrity of electoral rolls through its constitutional and statutory powers, asserting that these efforts are essential for conducting free and fair elections, a Basic Feature of the Constitution.
