Syllabus: Indian Constitution — historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Overview
- The Election Commission (EC) clarified that the Union government has limited authority over citizenship scrutiny.
- The statement was issued through a 184-page affidavit in the Special Intensive Revision (SIR) case.
- The clarification responds to Opposition claims that SIR is being used as citizenship screening.
Centre’s Power Under Section 9
- Section 9 of the Citizenship Act, 1955 deals with termination of Indian citizenship.
- The Centre’s jurisdiction covers only voluntary acquisition of foreign citizenship.
- It can determine when and how an Indian citizen acquired foreign nationality.
- EC stressed that this is the only exclusive domain of the Union government.
EC’s Stand on Citizenship Assessment
- The EC asserted authority to examine citizenship status for voter registration purposes.
- Citizenship is a constitutional prerequisite under Article 326 for inclusion in electoral rolls.
- It argued that even if citizenship appraisal is centralised, the proof sought in SIR is only for electoral roll registration, not citizenship determination.
- EC maintained that SIR does not constitute a de novo NRC exercise.
Constitutional Basis for EC Powers
- EC said its scrutiny powers flow from Article 324, granting plenary authority over elections.
- Laws made under Article 327 cannot dilute the Commission’s constitutional mandate.
- ROPA 1950, through Sections 16 and 19, requires voters to be Indian citizens and ordinarily resident.
- SIR, authorised under Section 21(3) of ROPA, must be “intense” and triggered by administrative necessity.
EC’s Rebuttal to Opposition Allegations
- EC denied claims that SIR shifts the burden unfairly onto voters.
- It called the exercise voter-friendly, requiring only signatures on pre-filled forms delivered by booth-level officers.
- It upheld SIR as vital for maintaining the purity of electoral rolls, a key aspect of free and fair elections, considered a Basic Feature of the Constitution.