NEW DELHI: Election Commission on Tuesday told Supreme Court that scrutiny of citizenship during SIR of voter lists was only meant to ensure deletion of non-citizens from electoral rolls and did not extend to termination of citizenship or deportation. EC, through senior advocate Rakesh Dwivedi, told a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi that Article 326 of the Constitution mandated that only Indian citizens were entitled to be included in the electoral rolls.For this purpose and this alone, EC was entitled to inquire and conclude whether a person was an Indian citizen, entitling him to be a voter. “If a person is found not to be a citizen of India by EC, then his name will either not be included in the voter list or, if it is there, then it would be struck off,” he said.Dwivedi said no person with a shadow of doubt over citizenship could be included in the voter list. However, such a determination by the Electoral Registration Officer (ERO) would not automatically result in a declaration that s/he was not a citizen of India – which was the domain of the competent authorities. “The ERO’s conclusion about a voter’s citizenship being doubtful and the resultant removal of his name from the voter list can be set aside by a court of law only if it finds that the procedure adopted for such determination was perverse and illegal,” he said.”Under the SIR exercise, the citizenship of an individual for the purposes of Citizenship Act, 1955, will not terminate on account of the fact that he/she is held to be ineligible for registration in the electoral rolls,” EC said.Since the documents that could be used to establish citizenship were within a person knowledge, the burden of proof lay with the individual, it said.Dwivedi said when doubts arose about an elected representative’s citizenship, the President or the governor was constitutionally bound by EC’s opinion on whether the MP or MLA had incurred disqualification over being a non-citizen. This meant EC had the power to inquire into citizenship of MPs or MLAs if doubts arose, he said.Arguments in the matter will resume Thursday.End of ArticleFollow Us On Social MediaVideosTibetan Government-In-Exile Urges India To Understand China’s Colonial MindsetAustralia Moves India to Highest-Risk AL3 Category for Student Visas“I Too Want to Help Develop an India Where We Listen…” Rahul Gandhi During Student InteractionCentre Steps In To Scrap 10 Minute Delivery Timers After Safety Fears In India’s Gig Economy GrowMarvel Meets Maharashtra Politics, AI Reels On Civic Polls Turn Thanos, Hulk, Spider-Man Into NetasUS Threatens 25% Tariff on India-Iran Trade, Indian Rice Exporters Warn of LossesIndia To Face 75% US Tariffs After Trump’s Big Iran Announcement?Operation Sindoor Turning Points Revealed: Army Chief Tells What Forced Pakistan To Seek CeasefirePakistan’s Most Loyal Terror Proxy Against India Shows Signs Of Collapse, LeT Cadres Turn On ISILotus Takes Centre Stage As India Sets Tone For BRICS Presidency At Crucial 20 Year Milestone123PhotostoriesPongal 2026: 9 traditional South Indian dishes for Pongal celebrationsWho ruled Tamil Nadu? A look at the state’s chief ministers since Independence — in picturesWinter Special: How to make Bengali-style Coconut Laddoo with Jaggery (Narkel Naru)From Mamata Banerjee to Dilip Ghosh: Heavyweights in Bengal election 2026 – in pics8 breakfast dishes made with eggs other than omelette and anda bhurji5 reasons why wildlife enthusiasts are heading to Ranthambore right now5 legendary landmarks in Asia named after animalsMakar Sankranti 2026: How to make traditional Moong Dal Khichdi at homeWhy anxiety disorder in teens is on the riseBeautiful Makar Sankranti saree looks inspired by Bollywood actresses in 2026123Hot PicksShaksgam ValleyDubai AirportGold rate todayBengaluru news10-minute deliveryPublic holidays January 2026Bank Holidays JanuaryTop TrendingMike Tomlin WifeKai Cenat RetirementJoe Burrow GirlfriendNHL Trade RumorsJustin Rose and Kate Phillips Net WorthBrooks Koepka and Jena Sims Net WorthCardi BDamian Lillard Net WorthGiannis Antetokounmpo Net WorthHailee Steinfeld
NEW DELHI: Election Commission on Tuesday told Supreme Court that scrutiny of citizenship during SIR of voter lists was only meant to ensure deletion of non-citizens from electoral rolls and did not extend to termination of citizenship or deportation. EC, through senior advocate Rakesh Dwivedi, told a bench of Chief Justice Surya Kant and Justice Joymalya Bagchi that Article 326 of the Constitution mandated that only Indian citizens were entitled to be included in the electoral rolls.For this purpose and this alone, EC was entitled to inquire and conclude whether a person was an Indian citizen, entitling him to be a voter. “If a person is found not to be a citizen of India by EC, then his name will either not be included in the voter list or, if it is there, then it would be struck off,” he said.Dwivedi said no person with a shadow of doubt over citizenship could be included in the voter list. However, such a determination by the Electoral Registration Officer (ERO) would not automatically result in a declaration that s/he was not a citizen of India – which was the domain of the competent authorities. “The ERO’s conclusion about a voter’s citizenship being doubtful and the resultant removal of his name from the voter list can be set aside by a court of law only if it finds that the procedure adopted for such determination was perverse and illegal,” he said.“Under the SIR exercise, the citizenship of an individual for the purposes of Citizenship Act, 1955, will not terminate on account of the fact that he/she is held to be ineligible for registration in the electoral rolls,” EC said.Since the documents that could be used to establish citizenship were within a person knowledge, the burden of proof lay with the individual, it said.Dwivedi said when doubts arose about an elected representative’s citizenship, the President or the governor was constitutionally bound by EC’s opinion on whether the MP or MLA had incurred disqualification over being a non-citizen. This meant EC had the power to inquire into citizenship of MPs or MLAs if doubts arose, he said.Arguments in the matter will resume Thursday.
