SC Clarifies Election Commission’s Powers on Citizenship Verification

Supreme Court Affirms EC’s Authority to Examine Citizenship Doubts in Voter Registration

The Supreme Court has ruled that while the Election Commission (EC) does not possess the power to conclusively determine a person’s citizenship, it is fully authorised to inquire into citizenship status whenever doubts arise during the voter enrolment process. The judgment reinforces that citizenship is a constitutional requirement for voting, not a procedural detail secondary to age or residence.

Court Rejects Narrow Interpretation of EC’s Mandate

A group of opposition representatives had contended that once documents establishing residence and age are submitted, the EC must accept them without questioning citizenship status. The Court disagreed, stating that such a view would erode the constitutional guarantee that only Indian citizens can participate in electoral processes. It emphasised that the EC’s overarching duty of “superintendence and control” over elections naturally includes the ability to verify doubtful claims.

Citizenship Determination Remains with Designated Authorities

The bench, comprising the Chief Justice and Justice Joymalya Bagchi, drew a clear distinction: the EC may conduct inquiries but cannot adjudicate or declare whether an individual is a citizen or foreigner. That responsibility rests solely with the Union government and Foreigners Tribunals established under relevant laws.

Safeguarding Voter Rolls from False Enrolment

To underline its reasoning, the Court offered a scenario involving illegal migrants who might meet residence and age requirements despite lacking citizenship. Automatically enrolling such individuals, it noted, would damage electoral integrity and weaken constitutional protections.

Exam Oriented Facts

• Citizenship is a mandatory constitutional prerequisite for voting.

• EC can inquire into citizenship doubts but cannot decide citizenship.

• Citizenship determination lies with Government & Foreigners Tribunals .

• Residence/age proof cannot substitute for citizenship verification.