Should the ECI verify citizenship while preparing electoral rolls? Critically analyse.
In this answer
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
- 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
- 2PIB, "Bihar SIR: Key Findings of Enumeration Phase (24 June–25 July 2025)"about 65 lakh entries flagged as deceased, permanently shifted or duplicated
- 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
- 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
- 5PIB, "Special Intensive Revision (SIR) Phase-II begins in 9 States and 3 UTs"Phase II coverage
- 6PIB, "Bihar SIR: 2003 Electoral Rolls Uploaded on ECI Website"base roll published online for public matching