Power to determine citizenship only for poll rolls: Election to Supreme Court

THe Election charge of bharat (ECI) told the sublime margaret court on tues that its power to determine citizenship as part of the Special Intensive Revision (SIR) is only for the purpose of electoral rolls and does not cross paths with the Centre, which has the authority for deportation.Responding to a key argument in a clutch of petitions against the SIR that ECI has no role to decide citizenship, the poll panel cited before a bench headed by Chief Justice of India (CJI) Surya Kant several provisions of the Constitution where the power to determine citizenship is vested with other constitutional authorities, besides the Union government.“The ECI is vested with the purpose of verifying if a person is a citizen only for the purpose of the electoral roll. It is not that the decision of the ECI will lead to deportation. The only result will be that they will not be eligible to be registered on the roll,” senior advocate Rakesh Dwivedi, appearing for ECI, said.Dwivedi argued that the power to determine citizenship is granted to ECI under Article 326 of the Constitution that provides for election to Parliament and state assemblies based on adult suffrage, which requires a voter to be a citizen of India besides other criteria such as 18 years of age.Dwivedi pointed out that the Constituent Assembly had in 1949 moved a resolution that no person should be included in the electoral roll of any constituency if he is not a citizen of India. “Parliamentary law has to be understood in the context of the Constitution of India. We are entitled to look into citizenship and we don’t have to await a decision, one way or the other, by the Centre,” the senior advocate said.The bench, also comprising justice Joymalya Bagchi, said: “So according to you, even prior to a decision by Centre stripping a person of the colour of citizenship, you can strike him off the electoral roll. Non-citizens are not entitled to vote, according to you.”The petitions challenging the SIR exercise said that determination of citizenship is a function under Section 9(2) of the Citizenship Act, 1955 and the Centre alone is vested with the power to make such determination.Dwivedi pointed out that the ECI’s power to assess citizenship flows from Articles 324 and 326 of the Constitution along with Section 16 of the Representation of the People Act, 1950. While Article 324 grants ECI the authority to conduct polls and prepare electoral rolls, section 16 empowers the poll panel to disqualify any person from getting registered in poll rolls on several grounds, including citizenship.“Section 9 of the Citizenship Act has no application to the SIR exercise,” ECI said, adding that the Citizenship Act terminates citizenship on account of voluntary acquisition of foreign citizenship, which is not the case under SIR.Dwivedi further said that the power to scrutinise citizenship is vested with different authorities under the Constitution. Under Articles 102 and 103, the President can decide on disqualification of members of Parliament by seeking opinion of ECI. Similarly, Articles 191 and 192 grants similar powers to the governor in case of members of legislative assembly.The court posted the matter for further hearing on Thursday.The top court is hearing a batch of petitions challenging the SIR exercise being undertaken by ECI in phases for weeding out voters who are dead or have migrated to other places. The petitions have alleged that such an exercise is aimed at disenfranchisement which goes against the objective of ECI to facilitate citizens to vote as part of a democratic set-up.