Supreme Court Clarifies ECI's Role in Citizenship Inquiry, SIR Exercise

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The Supreme Court has clarified that the Election Commission of India (ECI) does not have the authority to declare citizenship or non-citizenship, but it can conduct an inquiry to verify doubtful voter inclusions in electoral rolls. The observation came during a hearing on petitions challenging the recently-concluded Special Intensive Revision (SIR) exercise in Bihar. The court noted that the ECI's June 24 notification did not declare the SIR exercise to be an 'inquisitorial' inquiry on citizenship. However, the ECI can still doubt an entry and refer it to the Foreigners' Tribunal for further action. Senior advocate Shadan Farasat, appearing for activist Yogendra Yadav, argued that the ECI is free to make an inquiry but the decision on citizenship is to be made as per the procedure prescribed under law. The Representation of People Act, 1950, lists disqualifications and says that anyone who is a resident in a constituency and above 18 is entitled to be registered on the electoral roll. The court, however, disagreed with Farasat's argument, stating that citizenship is independent of residence and age. The bench also highlighted a hypothetical example of an illegal migrant residing in India for 10 years, who would not be entitled to citizenship. The court further observed that the ECI can assume to have this power only if Parliament was silent on who is to determine citizenship. However, Parliament has vested this power with the central government and foreigners' tribunals, and the ECI cannot arrogate this power to itself. The matter has been posted for Thursday, and several petitioners have already concluded their submissions. The court also dealt with petitions challenging the ongoing SIR exercise in Kerala and Tamil Nadu, and asked the poll panel to respond to a similar request for extension of time sought by voters in hilly areas of Tamil Nadu.