4 months ago
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The Supreme Court connected Tuesday (January 13, 2026) asked the Election Commission whether an Electoral Registration Officer’s (ERO) determination to onslaught a idiosyncratic disconnected the electoral rolls aft an “inquisitorial” enquiry into his citizenship nether the peculiar intensive revision (SIR) workout could beryllium referred to by the Centre to commence an probe into the individual’s close to stay successful India oregon beryllium deported.
Justice Joymalya Bagchi, a subordinate of the Division Bench headed by Chief Justice Surya Kant, questioned whether EROs could exclude a idiosyncratic from the electoral rolls adjacent earlier the Centre took a last telephone to “strip him of the colour of citizenship”.
The questions from the tribunal gained value arsenic draught electoral rolls published successful 9 States and 3 Union Territories, including West Bengal, Uttar Pradesh, and Tamil Nadu, witnessed the deletion of astir 6.5 crore names successful the 2nd signifier of the SIR process.
The queries from the Bench followed submissions made by elder advocator Rakesh Dwivedi that Article 326 (the close of big Indian citizens to vote), the Representation of the People Act, and the Registration of Electors Rules of 1960 collectively empower the EC, done the EROs, with competence to behaviour an inquisitorial enquiry into citizenship for circumstantial purposes.
“He (ERO) tin enquire. But aft helium records a finding, is it required nether the strategy of Citizenship Act that his uncovering beryllium referred for an due determination and steps by the Central government? And till then, tin you instrumentality distant his close [to citizenship] till a determination is taken by the Central authorities stripping him of the colour of citizenship?” Justice Bagchi asked.
Mr. Dwivedi said a determination has to beryllium taken “then and there”.
“The effect the different mode would beryllium that adjacent though the ERO has recovered that helium is not a citizen, helium would proceed successful the electoral rotation and vote. Once a shadiness is formed connected his citizenship, arsenic agelong arsenic it is not perverse oregon arbitrary, helium needs to basal out. Nothing is perfect, but we person to pursuit the utopia of perfection arsenic intimately arsenic possible,” Mr. Dwivedi responded.
The elder counsel said persons excluded from the electoral rotation nether the SIR had the close to appeal.
“These things happen. The full electoral workout cannot beryllium halted oregon modified for the involvement of immoderate persons. Of course, if the bid [of exclusion] is perverse connected idiosyncratic facts, it would person to go. We are not entitled to hold until the last oregon eventual determination [by the Centre], which whitethorn spell 1 mode oregon the other. There is, successful the meanwhile, capable safeguards. He tin record an appeal, and if the ERO bid is acceptable aside, helium tin beryllium enactment back. These are mean processes of law,” Mr. Dwivedi submitted.
"Your statement is that non-citizens are not entitled?" Chief Justice Kant queried.
Mr. Dwivedi said the EC was entitled to verify citizenship for the intent of inclusion successful the electoral rolls. It was for the Centre to determine if a idiosyncratic would enactment connected successful India oregon beryllium deported.
“It is not that a determination of the EC ipso facto leads to deportation. That is for the Centre to undertake,” the EC counsel reasoned.
He said citizenship and delimitations were the cornerstones of electoral process,
Mr. Dwivedi said assorted statutes, including the Mines and Minerals (Development and Regulation) Act, mandated citizenship from applicants. Mr. Dwivedi said a idiosyncratic had to beryllium a national adjacent to get a mining lease and authorities were entitled to verify his citizenship claim.
