EC can decide voter citizenship, not deportation or visas: tells SC

The Election Commission on Thursday told the Supreme Court that it could determine citizenship only to the extent of registration as a voter and could not deport anyone or decide if a person has a visa to stay in India.

- AGENCIES

Vehement submissions to this effect were made by senior advocate Rakesh Dwivedi on behalf of the poll panel before a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi.

The bench resumed final hearings on a batch of petitions that challenged the EC’s SIR exercise in several states, including Bihar, raising constitutional questions on the scope of the poll panel's powers, citizenship, and the right to vote.

At the outset of the proceedings, Dwivedi referred to Article 326 of the Constitution to support the decision of the EC to undertake special intensive revision (SIR) of electoral rolls and said it provides for elections based on adult suffrage.

He submitted that adult suffrage, in its constitutional sense, consists of three distinct elements, all of which must be satisfied at the stage of registration.