The Supreme Court is currently interpreting the boundaries between the Election Commission’s (ECI) power to verify voters and the Centre’s exclusive power to determine citizenship. This involves a conflict between the Representation of the People Act (RPA), 1950 and the Citizenship Act, 1955.
A. The Source of ECI’s Authority
- Article 324: Vests the “superintendence, direction, and control” of elections (including preparation of electoral rolls) in the ECI. The ECI argues this gives them Plenary Power to verify voter eligibility.
- Article 326 (Adult Suffrage): Sets the constitutional preconditions for a voter:
- Must be a citizen of India.
- Must not be disqualified by law (e.g., unsound mind, crime).
- NOTE :Citizenship is a fundamental requirement for the Right to Vote.
B. Parliament’s Role
- Article 327: Parliament can make laws regarding elections (e.g., RPA 1950, RPA 1951).
- The Conflict: The ECI argues that while Parliament makes the laws, these laws must align with the ECI’s independent power under Art 324.
Statutory Decoding:
A. Representation of the People Act, 1950 (Preparation of Rolls)
- Section 16: Explicitly disqualifies a person from being registered in the electoral roll if they are “not a citizen of India.”
- Section 19: Conditions for registration:
- Age (18 years).
- “Ordinarily Resident” in the constituency.
- Section 21(3): Empowers the ECI to direct a Special Intensive Revision (SIR) of electoral rolls for any constituency if “felt necessities” (errors/shifts) arise.
B. Citizenship Act, 1955 (The Centre’s Domain)
- Section 9: Deals with Termination of Citizenship.
- It states that any citizen of India who voluntarily acquires the citizenship of another country ceases to be an Indian citizen.
- The Crucial Distinction: The ECI argues the Centre’s exclusive power is limited to deciding “when or how” foreign citizenship was acquired (under Sec 9(2)). It does not stop other authorities (like ECI) from assessing citizenship for specific purposes like voting.
