·The Hindu·15 marks·250–350 wordsPolity

Should the ECI verify citizenship while preparing electoral rolls? Critically analyse.

In this answer
  1. Why a citizenship check is defensible
  2. Why the ECI is nonetheless the wrong forum
  3. The inclusion cost falls on the weakest

Article 326 restricts the franchise to citizens, so citizenship is logically prior to registration — yet its determination is vested by the Citizenship Act, 1955 in the Union Government, not the Election Commission. The revised Form 6 declaration under SIR has sharpened this tension.

Why a citizenship check is defensible

  • Enrolment is conditional — citizenship, age 18, ordinary residence. Every ineligible name dilutes a genuine vote, so roll purity is itself a democratic value.
  • Bihar's roll had gone unrevised since 2003, accumulating deaths, marriage-migration and duplication [1]; enumeration flagged about 65 lakh entries as deceased, permanently shifted or enrolled twice [2].
  • The Supreme Court in ADR v. ECI (27 May 2026) held SIR to be within the ECI's statutory mandate under the RP Act, 1950 [3].

Why the ECI is nonetheless the wrong forum

  • The declaration's cut-offs of 1 July 1987 and 2 December 2004 are borrowed from citizenship law [4] — a statute administered by another authority altogether.
  • The Court upheld the power to revise rolls; it did not endorse a parents'-documents test as the way to settle nationality [3].
  • Electoral Registration Officers have neither the record base nor the adjudicatory competence for nationality findings.

The inclusion cost falls on the weakest

  • Every fresh 18-year-old was born after 2004 and so enters the heaviest tier — own document plus both parents' documents; where a parent was a non-citizen, a passport and visa valid on the birth date [4].
  • Phase II, across 9 States and 3 UTs [5], asks applicants to quote their own or their parents' constituency, booth and serial number from the last SIR [4] — proof lodged in a State list, not in family custody. Orphans, single-parent households and migrants are worst placed.
  • Deletion safeguards — hearing, written order, appeal to DM and CEO [3] — do not extend to a rejected fresh application.

The real question is therefore not whether citizenship matters, but who decides it and at what cost to inclusion. A workable middle path: the ECI screens eligibility and refers doubtful cases to the competent authority; publishes each State's base roll online, as Bihar's 2003 roll was [6]; and gives a rejected Form 6 the same reasons-and-appeal protection a deletion receives. Purity and inclusion then reinforce each other, as Article 326 intends.

Sources

  1. 1PIB, "ECI to begin Special Intensive Revision of Electoral Rolls in Bihar"last intensive revision in 2003; stated objectives of inclusion, exclusion of the ineligible and transparency
  2. 2PIB, "Bihar SIR: Key Findings of Enumeration Phase (24 June–25 July 2025)"about 65 lakh entries flagged as deceased, permanently shifted or duplicated
  3. 3PIB, "ECI's Special Intensive Revision of Electoral Rolls Being Conducted in Phases with Multiple Safeguards to Protect Eligible Voters"Supreme Court's 27 May 2026 judgment on the ECI's statutory mandate; no deletion without hearing and written order; appeals to DM and CEO
  4. 4The Hindu, "Declaration part of Form 6 changed since SIR in Bihar"birth-period document tiers and the 1987/2004 cut-offs; non-citizen parent's passport and visa; Phase II requirement to cite last-SIR constituency, booth and serial number
  5. 5PIB, "Special Intensive Revision (SIR) Phase-II begins in 9 States and 3 UTs"Phase II coverage
  6. 6PIB, "Bihar SIR: 2003 Electoral Rolls Uploaded on ECI Website"base roll published online for public matching
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