Key Points:
- SC asked ECI to provide information on voters removed due to ‘suspected citizenship’ during SIR campaign
- Bench questioned if ‘suspected citizenship’ is a valid category for voter removal
- ECI counsel stated Commission lacks power to determine citizenship or deport individuals
- Court directed ECI to make public names of those removed from Kerala voter list
- SC asked ECI to consider extending objection filing deadline by two weeks
- Petitioner argued ECI lacks authority to determine citizenship for voting eligibility
The Supreme Court on Thursday asked the Election Commission of India (ECI) to provide information on the number of voters whose names were removed from the electoral rolls during the Special Intensive Revision (SIR) campaign on the grounds of ‘suspected citizenship’. A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi observed that the ECI had so far specified only three categories for removal of names – death, duplication, and transfer of voters.
The bench questioned senior advocate Rakesh Dwivedi, appearing for the ECI, saying, “We want to know the ground reality of the process of removing names. Is there a category for removal of names based on suspected citizenship?”
Questions Raised Over Election Commission’s Powers
Senior advocate Rakesh Dwivedi, appearing for the Election Commission, informed the bench that he would seek instructions on the matter and apprise the court. He stated that the Election Commission can only make a decision related to citizenship up to the point of voter registration. The Commission does not have the power to deport anyone from the country, nor does it have the authority to determine whether someone has a valid visa to reside in India.
Advocate Prashant Bhushan, appearing for the petitioner NGO Association for Democratic Reforms, said there is no dispute that citizenship is necessary for voting, but the real question is whether the Election Commission has the power to determine citizenship.
Directions to Make Public the Names Removed from the Voter List
The Supreme Court on Thursday directed the Election Commission to make public the names of those whose names were removed from the draft electoral rolls published after the Special Intensive Revision process in Kerala, so that affected voters can file objections. The bench, headed by Chief Justice Surya Kant, also requested that the Commission consider extending the deadline for filing objections against the removal of names by two weeks.
The counsel for the Election Commission informed the court that the issue of extending the deadline would be considered. The bench was hearing a batch of petitions challenging the Special Intensive Revision (SIR) process conducted in Kerala.
The court’s direction came after it was revealed that the ECI had removed names of voters based on ‘suspected citizenship’ during the SIR campaign, a category not previously disclosed as grounds for removal. The Supreme Court sought clarity on the legal basis and procedural safeguards followed by the Election Commission in making such determinations, particularly concerning the authority of the Commission to assess citizenship status.
