Critically examine whether the Election Commission of India, while exercising its powers under Article 324 and Section 21 of the RP Act, 1950, can inquire into the citizenship of electors.

Article 326 gives the vote only to citizens. Section 16 of the RP Act, 1950 bars non-citizens from being registered on the electoral roll [2]. The Supreme Court ruled in May 2026 on Bihar's Special Intensive Revision (SIR). It upheld the ECI's position that it may make a "limited" citizenship inquiry while revising rolls [1]. So the ECI has this power. What matters more is where that power stops.

Case for an ECI inquiry

• Constitutional mandate: Art. 324 gives the ECI control over preparing electoral rolls. A roll that includes non-citizens defeats Art. 326 [2].
• Statutory breadth: Section 21(3) lets the ECI order a special revision "in such manner as it may think fit", provided it records its reasons [3].
• Roll hygiene: Bihar's enumeration phase removed 22.34 lakh dead entries and 7.01 lakh names enrolled in more than one place [4].
• Judicial endorsement: The Court upheld the exercise. It accepted Aadhaar as a 12th identity document [1].

Limits and concerns

• Wrong forum: The Electoral Registration Officer (ERO) is an officer who registers voters, not one who decides cases. Final decisions on citizenship belong to authorities under the Citizenship Act, 1955.
• Presumption of citizenship: The 2026 judgment reads Lal Babu Hussein (1995) as protecting electors already on the roll with a presumption of citizenship [1]. That case struck down deletions of "suspected foreigners" based on police reports [2]. A statewide SIR that makes every voter prove eligibility again sits uneasily with this presumption.
• Burden shift: Aadhaar proves identity, not citizenship [1]. This leaves poor people, migrants and women who moved after marriage exposed to exclusion.
• Weak category: 36.28 lakh names were dropped as "permanently shifted/absent" [4]. Seasonal migrants fit this label but are still citizens.
• Textual stretch: Section 21(3) speaks of "any constituency or part of a constituency" [3]. Rebuilding the roll for a whole state stretches that wording.
• Natural justice: Under Section 22, a person must get a reasonable opportunity of being heard before their entry is deleted [2].

The ECI can therefore screen electors for citizenship, but it cannot be the final judge of it. Cases of real doubt should be referred to the authorities under the Citizenship Act, and the person's name should stay on the roll until they decide. Notice, a hearing and a reasoned order should become binding rules in the Registration of Electors Rules. Parliament should also set out in law when a statewide SIR can be ordered. These steps would keep the rolls clean without breaking the Art. 326 promise of universal adult franchise.