The Election Commission of India (ECI) asserted its constitutional power to verify citizenship for electoral roll inclusion/exclusion in the Supreme Court on Tuesday.
The ECI stated that the Citizenship Act, 1955, and the Foreigners Act, 1946, do not limit its authority in assessing citizenship.
The Supreme Court bench, headed by Chief Justice of India Surya Kant, is hearing petitions challenging the validity of the Special Intensive Revision (SIR) of electoral rolls.
The Congress party in Assam protested alleged manipulation of voter lists, raising concerns about the inclusion of "temporary voters" from other states.
Detailed Insights:
The Constituent Assembly intended for authorities to determine who is ordinarily a resident for voter list inclusion, a power the ECI claims is inherent and constitutionally derived.
Assam is undergoing a Special Revision of electoral rolls due to its unique history with the National Register of Citizens (NRC) process.
The Special Revision in Assam involves house-to-house visits by Booth Level Officers (BLOs) for physical verification, but it does not include document verification like the SIR.
The Leader of the Opposition in the Assam Assembly alleged unauthorized inclusion of non-Assamese speaking voters in a letter to the Chief Election Commissioner.
The Chief Minister of Assam has directed the opposition party to follow the set procedure if they have any concerns that need to be addressed.
Key Concepts Involved:
Electoral Rolls: List of persons registered and eligible to vote in an election.
Citizenship Act, 1955: Legislation that defines how Indian citizenship is acquired and lost.
Foreigners Act, 1946: Empowers the government to detain, deport, and restrict the movement of foreigners in India.