Clearing the air on ‘citizenship’ in Bihar poll roll revision, Pg 8

Key Highlights:

• Only Indian citizens can be electors, per Article 326 and the Representation of the People Act, 1950.
• The ECI is constitutionally empowered under Article 324 to supervise electoral roll preparation and verification.
• The Supreme Court, in Lakshmi Charan Sen vs A.K.M. Hassan Uzzaman (1985), upheld the continuous revision of rolls.
• Section 16 of the 1950 Act disqualifies non-citizens from voter registration.
• ECI must delete names of non-citizens if found during revision or complaint inquiry.
• Aadhaar cards are not proof of citizenship, as per Section 9 of the Aadhaar Act, 2016.
• OCI cardholders are ineligible to vote, per Section 7B(2) of the Citizenship Act, 1955.

Detailed Insights:

• Constitutional Framework:
  • Article 326 mandates elections on the basis of adult suffrage, but strictly limits voter eligibility to citizens of India aged 18 or above.
  • Article 102(1)(d) and Article 191 disqualify non-citizens from becoming MPs or MLAs, respectively.
• Statutory Duties of the ECI:
  • Under Section 15 to 24 of the RP Act, 1950, the ECI is obligated to revise, verify, and correct electoral rolls.
  • Section 16(2) empowers deletion of names of non-citizens, even during roll updates.
• Legal Clarifications:
  • The Supreme Court in Dr. Yogesh Bhardwaj vs State Of U.P. (1990) held that illegal presence does not qualify as ordinary residence.
  • Aadhaar, issued to residents, is not a proof of citizenship and cannot justify inclusion in voter lists.
• Misuse and Integrity Concerns:
  • Inclusion of foreign nationals invalidates the electoral roll and undermines the electoral process.
  • ECI’s failure to act on complaints or suspicions would breach its constitutional responsibilities.

Concepts Involved:

• Electoral Roll: An official list of eligible voters in a constituency.
• Ordinary Resident: Defined in Section 20 of the RP Act, 1950; denotes a person’s routine, lawful residence.
• Special Revision: A periodic exercise conducted by the ECI to ensure electoral roll accuracy.
• Citizenship Proof vs Residence Proof: Aadhaar indicates residence; only documents like passports or citizenship certificates establish nationality.