In a significant development, the Supreme Court of India has questioned the Election Commission (EC) over its role in verifying citizenship during the process of revising the electoral roll in Bihar. The apex court remarked that matters related to citizenship are under the purview of the Ministry of Home Affairs (MHA), and not the constitutional responsibility of the Election Commission.
The remarks were made during the hearing of a petition that challenged the EC’s instructions to officials in Bihar to verify the citizenship status of certain voters during the electoral roll revision process. The petitioner argued that such a move could lead to arbitrary exclusion of legitimate voters and is outside the jurisdiction of the EC.
The bench, headed by Chief Justice DY Chandrachud, questioned the rationale behind the EC's directive. “Why is the Election Commission getting into the issue of citizenship? This is the domain of the Union Home Ministry,” the court observed. It added that while the EC has the authority to maintain and update electoral rolls, it cannot independently initiate a process to determine whether an individual is a citizen.
The court further pointed out that the Representation of the People Act, which governs electoral procedures in India, does not authorize the EC to conduct inquiries into the citizenship status of individuals unless directed by a competent authority. The bench stressed that citizenship-related investigations must follow a clear legal framework and due process, typically overseen by central government agencies.
In its initial response, the EC claimed that the move was part of a broader effort to clean the voter list and remove duplicates, deceased persons, and ineligible names. However, the court sought a more detailed affidavit from the Commission to explain its actions and the legal basis for initiating citizenship verification in Bihar.
Legal experts noted that this intervention by the Supreme Court highlights the delicate balance between maintaining accurate electoral rolls and protecting the constitutional rights of eligible voters. There is concern that overreach by the EC, especially on sensitive issues like citizenship, could set a troubling precedent and lead to confusion or disenfranchisement.
The controversy has gained political traction, particularly in Bihar, where opposition parties have accused the ruling government and its institutions of attempting to manipulate the voter list ahead of upcoming elections. They argue that such actions may be aimed at targeting specific communities or creating fear among marginal populations.
The Supreme Court has now given the Election Commission time to file a detailed response, and the matter will be heard again in the coming weeks. The case is likely to have broader implications for the role of the EC in electoral governance and its coordination with other government agencies.
As the debate continues, the focus remains on ensuring that any process involving voter eligibility is carried out within the legal framework and does not infringe on the democratic rights of citizens.
