Examine the role and limits of the Election Commission of India in deciding citizenship while revising electoral rolls.

Under Article 326, only an Indian citizen aged 18 or above may vote [2]. So checking citizenship is part of keeping the electoral roll. In its 27 May 2026 Bihar SIR judgment, the Supreme Court confirmed this role but set clear limits on it [1].

Role: why the ECI must look at citizenship

• Constitutional mandate: Under Article 324, the ECI has superintendence over preparing electoral rolls [2]. Citizenship is a "condition precedent" for being on the roll [4].
• Statutory basis: Section 16, RP Act 1950 disqualifies non-citizens from registration, and anyone who becomes disqualified must be struck off [3]. Section 21(3) allows a special revision when circumstances warrant [1].
• Rebuttable presumption: The Court held that being on the roll creates a presumption of validity, but it is "neither absolute nor irrebuttable". It distinguished Lal Babu Hussein (1995), so the ECI can carry out systemic re-verification [1][4].
• Safeguards: The SIR is being run in phases with safeguards meant to protect eligible voters [5].

Limits: where the ECI's power stops

• Limited enquiry only: The ECI may carry out only a "limited inquiry" for enrolment. Formal adjudication of citizenship belongs to the competent authority under the Citizenship Act, 1955 [1][4].
• Electoral consequences alone: Any action must remain "confined to electoral consequences alone" [1]. Deletion "would not amount to a declaration" that a person is not a citizen [4].
• No circular proof: EPIC is a "derivative document" issued because a person is on the roll, so it cannot verify that same entry [4].
• Due process: Doubtful cases must be referred to the competent authority, with notice and a hearing. Anyone found to be a citizen must be restored to the roll [4].
• Implication: Large-scale deletions in States like West Bengal show the risk. If roll status is used for welfare or as a de facto citizenship register, the ECI goes beyond its mandate and wrong exclusions multiply.

Way forward

• Publish clear referral timelines and give deleted voters fast appeals.
• Keep roll data separate from welfare and citizenship records (purpose limitation).
• Make documentation easier for migrants, women and the poor, who struggle most to produce papers.

The ECI is the guardian of roll integrity, not the judge of nationality. If it checks citizenship firmly but within electoral bounds, it can protect clean rolls and universal adult franchise at once. That balance is what Articles 324–326 are meant to secure.