Examine the extent of the Election Commission of India's authority over questions of citizenship. How does this differ from the powers of the Union Executive under the Citizenship Act, 1955?

Article 326 confines the franchise to citizens, so the Election Commission of India (ECI) must necessarily touch citizenship while preparing electoral rolls. The Supreme Court's Special Intensive Revision (SIR) verdict, 2026 INSC 564 (27 May 2026), settles that this touch is incidental and electoral — not a power to decide who is an Indian [1].

Extent of ECI's authority

• Superintendence of rolls under Article 324 and Sections 16 and 19 of the Representation of the People Act, 1950 — age, ordinary residence and citizenship are eligibility filters for enrolment [2][3].
• The Court upheld SIR as a limited inquiry into citizenship for electoral purposes only, proportionate and procedurally sound [1].
• Bound by due process: Electoral Registration Officers must issue a show-cause notice, hear the elector, and pass a reasoned speaking order before deletion [1].

Limits on that authority

• ECI cannot conclusively determine citizenship; deletion from a roll does not by itself take away citizenship or its benefits [1].
• Where doubt arises, ECI's duty is to refer the case to the Union Government, not to adjudicate it.
• Roll outcomes therefore cannot be repurposed to deny non-electoral entitlements — a purpose-limitation principle now under examination in the West Bengal SIR matter, where deletions were linked to PDS, women's welfare and Backward Caste certification [1].

Union Executive under the Citizenship Act, 1955

• Sole authority on acquisition — by birth, descent, registration, naturalisation and incorporation of territory (Sections 3–7) — and on termination and deprivation (Sections 9–10) [4].
• Exercised by the Ministry of Home Affairs through designated authorities, with prescribed procedure and appeal — a status-determining power, permanent and nationwide in effect.
• ECI's finding is thus roll-specific and reversible; the Union's determination is status-specific and conclusive.

The distinction protects both electoral purity and citizenship security. Publishing SIR appellate procedures, clearing tribunal backlogs and firewalling welfare databases from roll data would give the Court's safeguards administrative teeth, keeping Article 326 an enabling right rather than a gatekeeping test.