GS 2: PolityGS 2: GovernancePrelims

EC says it has constitutional duty to bar foreigners from voter rolls, Pg1

EC defends special electoral roll revision in Supreme Court, asserting constitutional duty to exclude foreigners from voter lists.

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Key Highlights:

  • The Election Commission of India (EC) defended the Special Intensive Revision (SIR) of electoral rolls before the Supreme Court, dismissing claims of a "parallel" National Register of Citizens (NRC).
  • The EC asserted its constitutional duty to ensure that no foreigners are included in the nation's electoral rolls.
  • The SIR initially began in Bihar and has expanded to 12 more States and Union Territories in its second phase.
  • The EC clarified that the SIR counts only citizens above 18 years of age, unlike the NRC, which tallies all citizens.

Detailed Insights:

  • The EC differentiates the SIR from the NRC conducted in Assam, emphasizing that the NRC includes all citizens, while the SIR focuses on those eligible to vote.
  • Petitioners, including opposition parties, argued that the SIR is a "citizenship drive" akin to a parallel NRC, a claim the EC refuted.
  • The EC draws its power to verify citizenship for electoral roll preparation from Article 324 of the Constitution, while the Centre is responsible for the National Register of Indian Citizens under the Citizenship Act, 1955.
  • The EC stated that all key functionaries of the government must be citizens of India to participate in the electoral process.
  • The EC cited Section 9(2) of the Citizenship Act, noting that the central government's exclusive jurisdiction is limited to terminating citizenship when a person voluntarily acquires foreign citizenship.
  • The EC stated that it can deviate while revising electoral rolls, provided it records the reasons, such as rapid urbanization and migration, to maintain the purity of electoral rolls.

Key Concepts Involved:

  • Special Intensive Revision (SIR): An ongoing process by the Election Commission to revise and update electoral rolls.
  • National Register of Citizens (NRC): A register containing names of Indian citizens, with the purpose of identifying illegal migrants.
  • Article 324 of the Constitution: Grants the Election Commission the power to supervise, direct, and control elections to Parliament and State Legislatures.
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