Election Commission Asserts Authority to Examine Citizenship for Electoral Rolls in Supreme Court

The Election Commission of India (ECI) told the Supreme Court it is empowered to examine citizenship for inclusion or exclusion from electoral rolls under Article 326, the Representation of People Act, and related rules. Senior Advocate Rakesh Dwivedi argued that the Electoral Registration Officer (ERO) can conduct an inquisitorial enquiry into citizenship specifically for electoral purposes. The ECI clarified that exclusion from the voters' list does not automatically lead to deportation, though cases may be referred to the central government for further action. The court questioned whether voters can be removed before the Centre decides on citizenship status. The ECI maintained its role is limited to electoral eligibility, not citizenship determination or deportation decisions, which remain with the central government. The hearings address petitions challenging the constitutional validity of the special intensive revision (SIR) of electoral rolls in several states.