Centre’s citizenship scrutiny power is ‘limited’, EC says, Pg13

Key Highlights:

• The Election Commission (EC) stated that the Union government's power to scrutinize citizenship is limited to cases of voluntary acquisition of foreign citizenship.
• The EC referenced Section 9 of the Citizenship Act, 1955, which deals with the termination of citizenship.
• The EC asserted its authority to assess citizenship for voter list registration under Article 326 of the Constitution.
• The EC clarified that the Special Intensive Revision (SIR) exercise is not meant to determine citizenship status but to maintain the purity of electoral rolls.

Detailed Insights:

• The Citizenship Act, 1955 empowers the central government to determine when or how an Indian citizen acquired foreign citizenship, potentially leading to termination of Indian citizenship.
• The EC's 184-page affidavit clarifies that while the Centre has exclusive jurisdiction over cases of voluntary acquisition of foreign citizenship, other aspects of citizenship can be inquired into by other authorities.
• Opposition parties in Tamil Nadu, Kerala, and West Bengal have criticized the SIR, alleging it is a disguised attempt to create a National Register of Citizens (NRC).
• The EC's authority to scrutinize citizenship for electoral roll registration stems from Article 324 (supervision of elections) and Article 326 (right to vote) of the Constitution.
• The Representation of the People Act (ROPA), 1950, mandates that voters must be Indian citizens and "ordinarily resident" in a constituency, as per Sections 16 and 19.
• The EC defended the SIR as a "voter-friendly" exercise, emphasizing that electors only need to sign pre-filled forms delivered by booth-level officers.

Key Concepts Involved:

• Citizenship: The status of a person recognized under the law as being a legal member of a country.
• Electoral Roll: A list of persons eligible to vote in an election.
• Article 326: Constitutional article that ensures adult suffrage for elections to the Lok Sabha and State Legislative Assemblies.