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Have the right to 'verify citizenship', EC tells SC on Bihar roll revision
EC cites constitutional and legal mandates
In a counter-affidavit filed before the Supreme Court, the Election Commission said its actions are backed by Article 326 of the Constitution, and Section 16 and Section 19 of the Representation of the People Act, 1950 (RP Act). These provisions, the poll panel said, require it to ensure that only Indian citizens are included in the electoral rolls.
'Verifying citizenship is Election Commission's duty'
The Election Commission clarified that Section 19 of the RP Act makes citizenship a key eligibility condition for voter registration. It stressed that the poll panel must verify whether this condition is met by applicants, Live Law reported.
'Under the provision of the Constitution of India and statutory provisions, the ECI is obligated to verify the eligibility of the voters… and ensure any person who fails to fulfil the mandatory requirements is not included,' the affidavit said.
Centre's role under citizenship act is limited: Election Commission
Dismissing the argument that only the Central Government can decide citizenship matters, the Election Commission pointed to Section 9 of the Citizenship Act, 1955. It said that this provision only grants the Centre power in specific cases — such as when a citizen is suspected of acquiring foreign citizenship voluntarily.
The affidavit added, 'It is only for this limited purpose that the exclusive jurisdiction has been vested in the Central government... Other aspects related to citizenship can be inquired into by other relevant authorities... including the ECI.'
Election Commission clarifies its role in citizenship scrutiny
The poll panel further said it is not adjudicating citizenship but only verifying voter eligibility for inclusion in the electoral rolls. It added that this is distinct from the citizenship determination process under the Citizenship Act. It also clarified that during the SIR, names are removed from the rolls only after a detailed inquiry, and when the Electoral Registration Officer is satisfied that the person does not meet the eligibility criteria, the news report said.
Burden of proof lies with applicant: Election Commission
The Election Commission rejected the allegation that it was unfairly shifting the burden of proof onto voters. It said applicants seeking inclusion must submit Form 6 under the Registration of Electors Rules, 1960, and provide proof of eligibility at the time of application.
The affidavit stated that the necessary documents are 'within the special knowledge of the individual claiming to be a citizen of India', making it their responsibility to produce such evidence.
During the July 17 hearing, the Supreme Court had remarked that determination of citizenship falls under the Union Government's jurisdiction, not the ECI's. The Bench had also advised the Commission to consider documents like Aadhaar, Voter ID, and ration cards during the Bihar SIR.
The matter is scheduled for its next hearing on July 28.
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