On Tuesday, the Supreme Court raised a critical constitutional question while hearing challenges to the Special Intensive Revision of electoral rolls: can a citizen’s right to vote be suspended merely because their citizenship status is under scrutiny and pending a final decision by the Central Government? The query directly tests the Election Commission of India’s authority to exclude voters before citizenship is conclusively determined.
The issue arose as the Election Commission defended its power to conduct an inquisitorial inquiry into voter eligibility and to strike names from electoral rolls even when doubts about citizenship have been referred to the Central Government. The ECI argued that Electoral Registration Officers are empowered under the Constitution and election laws to assess eligibility and act swiftly to protect the integrity of the electoral process.
The challenge before the Court questions whether such administrative action can lawfully override an individual’s right to vote while the statutory process under the citizenship framework remains incomplete.
A Bench led by Chief Justice of India Surya Kant, with Justice Joymalya Bagchi, pressed the ECI on the legal limits of this power, asking whether voting rights can be taken away during the pendency of a citizenship reference. Justice Bagchi observed, “Till then, can you take away the right (to vote)?” .
While the ECI maintained that exclusion from electoral rolls could proceed independently of the Central Government’s final determination, the Court indicated concern over whether such action aligns with the statutory scheme governing citizenship and voting rights. The matter has been kept pending for further hearing.
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