ECI’s query not on right to decide citizenship, says SC

Supreme Court

- Abraham Thomas

The Supreme Court on Tuesday said that the Election Commission of India (ECI) did not say it has the right to declare anyone a citizen or non-citizen under the special intensive revision (SIR) but asked if it was within the body's constitutional powers to conduct an inquiry on doubtful inclusions in voter rolls.

The observation by the top court came while hearing arguments on petitions challenging the recently concluded SIR in Bihar.

“The ECI has neither said they have a right to declare anybody asa citizen nor do they say Ihave aright to declare anybody a non-citizen. But if there are inclusions in the electoral roll which are of doubtful integrity, will it not be within the ECT's Constitutional power to conduct an enquiry which is inquisitorial in nature?” asked a bench of Chief Justice of India (CJ) Surya Kant and justice Joymalya Bagchi.

The court was hearing arguments in a petition by activist Yogendra Yadav, who questioned ECI over the deletions in Bihar.