"Supreme Court May Override Bihar's Voter List Revision if..."
The Election Commission of India (ECI) is currently conducting a special intensive revision of the Bihar voter list, a move that has sparked controversy and debate.
While the ECI legally has the power to assess and verify citizenship of voters during the voter list revision process, the ultimate legal power to determine citizenship formally rests with the Home Ministry. This constitutional and statutory authority allows the ECI to scrutinize whether a person meets the eligibility criteria to be registered as a voter, which includes an assessment of citizenship.
However, critics and some petitioners argue that the government administers citizenship, and the ECI's role should be limited to verifying identity and excluding non-citizens from electoral rolls, not determining citizenship itself. The Supreme Court has observed that the government is responsible for citizenship, and the ECI's remit is the exclusion of non-citizens from electoral rolls.
The ECI contends it can "assess citizenship" because electoral rolls must only include Indian citizens. It maintains this responsibility is constitutionally mandated and reinforced by parliamentary laws. On the other hand, the Home Ministry, under the Citizenship Act and related laws, generally has the exclusive authority over citizenship matters, including granting or revoking citizenship.
The opposition, led by Rahul Gandhi, has accused the Election Commission of colluding with the BJP to commit voter fraud in Karnataka and Maharashtra last year and trying to do the same in Bihar this year. However, the Election Commission has denied these allegations and snapped back, demanding proof and a signed affidavit of the Congress MP's complaint.
The Election Commission is seeking 11 documents from Bihar residents to re-verify themselves as voters. Despite this, the ECI has clarified that commonly accepted government IDs, like the Aadhaar and the Election Commission's own identity card, cannot be used to establish citizenship and re-verify voters. The Election Commission has also stated that an Aadhaar card is not proof of citizenship.
The ECI's exercise of citizenship verification powers remains contentious and subject to ongoing judicial scrutiny. If the Election Commission declares five crore voters as invalid, the Supreme Court will have to address the issue. The court has pointed out that while the government is responsible for citizenship, the exclusion of non-citizens from electoral rolls is within the ECI's remit.
The controversy over the ECI's voter verification process in Bihar has raised concerns about the potential disenfranchisement of marginalized communities. The opposition argues that the 'special intensive revision' is a smokescreen behind which lakhs of people are being disenfranchised. The Election Commission, however, argues that if a person is already on the electoral roll, they cannot determine their citizenship status.
In conclusion, the ECI's role in verifying citizenship during voter list revisions is a complex issue, with the ultimate power to determine citizenship lying with the Home Ministry. The ECI's actions are subject to ongoing debate and legal challenge, and the potential impact on marginalized communities remains a significant concern.
Politics surrounding policy-and-legislation has arisen as the Election Commission of India (ECI) engages in a special intensive revision of the Bihar voter list, with critics questioning the ECI's authority to assess citizenship. The Supreme Court has highlighted that the government, not the ECI, is responsible for citizenship, and the ECI's role is limited to the exclusion of non-citizens from electoral rolls. General-news reports are now following the pending court case regarding the validity of five crore voters in Bihar, with concerns over potential disenfranchisement of marginalized communities.
