Citizenship and democracy collide as electoral roll revision raises governance questions

Context:

• A major constitutional debate has resurfaced regarding citizenship determination in India, triggered by the Election Commission of India’s (ECI) ongoing Special Intensive Revision (SIR) of electoral rolls nationwide.

• Legal challenges question whether the ECI can effectively decide citizenship status, or whether this power lies solely with the Union Home Ministry under the Citizenship framework.

• The issue highlights a deeper paradox: in a democracy, people are sovereign, yet the state defines who qualifies as “the people.”

Key Highlights:

Electoral Roll Revision and Legal Challenge

• The ECI has initiated an en masse Special Intensive Revision (SIR) of electoral rolls.

• Petitioners argue that:

  • Such a nationwide SIR is not clearly provisioned in law.

  • The ECI does not have authority to determine citizenship.

  • Only the Home Ministry can decide citizenship status.

Citizenship Proof and Documentary Gaps

• India has no single definitive document that conclusively proves citizenship.

• This creates tension between:

  • Evidence of status (documents produced)

  • Status of evidence (whether documents are accepted as valid proof)

Burden of Proof on Individuals

• Under the Citizenship Act, 1955, the onus of proving citizenship lies on the individual, not the state.

• This reverses the democratic presumption that residents are citizens unless proven otherwise.

NRC–NPR Framework and Uncertainty

• The NRC, linked as a subset of the NPR, aims to identify only those who can prove citizenship eligibility.

• However, nationwide rollout remains uncertain and politically contentious.

Amendments and Changing Citizenship Logic

• Citizenship law has undergone multiple amendments:

  • 2003 amendment introduced the category of “illegal immigrants.”

  • 2019 amendment added a religious eligibility dimension, altering the secular framework.

Assam NRC as a Cautionary Example

• The Assam NRC exercise left 19 lakh residents marked as doubtful citizens.

• It demonstrated risks of:

  • Bureaucratic bias

  • Exclusion errors

  • Social and political consequences

Concerns About Bureaucratic Discretion

• Citizenship determination often rests with:

  • Lower-level bureaucracy

  • Police verification systems

• This raises concerns about transparency, fairness, and due process.

Democratic Paradox

• Democracy rests on popular sovereignty, yet the state’s power to define citizenry creates a contradiction:

  • The people rule, but the state decides who belongs to “the people.”

Relevant Prelims Points:

• ECI conducts electoral roll revisions, but citizenship determination is legally complex.

• Citizenship Act places burden of proof on the individual.

• NRC aims to identify genuine citizens; NPR records all usual residents.

• Amendments in 2003 and 2019 significantly reshaped citizenship governance.

• Assam NRC highlighted large-scale exclusion challenges.

Benefits + Challenges + Impact

• Benefit: Accurate electoral rolls strengthen democratic integrity.

• Challenges: Risk of wrongful exclusion, documentary uncertainty, bureaucratic arbitrariness.

• Impact: Citizenship governance debates affect electoral rights, social cohesion, and federal politics.

Relevant Mains Points:

Polity and Governance Dimensions

• Citizenship is foundational for rights such as:

  • Voting

  • Welfare access

  • Legal protection

• Overlap between electoral processes and citizenship determination raises constitutional concerns.

Democratic and Ethical Issues

• Mass verification exercises can undermine:

  • Presumption of citizenship

  • Due process

  • Equality before law

Institutional Concerns

• The ECI’s role must remain confined to electoral administration, while citizenship remains within the executive domain.

• Excessive discretion at local levels can lead to discrimination and exclusion.

Way Forward

• Clarify legal boundaries between electoral roll management and citizenship adjudication.

• Establish transparent documentary standards and appeal mechanisms.

• Ensure due process safeguards in any large-scale citizenship-linked exercise.

• Strengthen democratic trust by avoiding exclusionary bureaucratic practices.

UPSC Relevance (GS-wise):

• GS 2 (Polity): Citizenship, electoral rolls, ECI powers, constitutional governance

• GS 2 (Governance): Bureaucratic discretion, due process, institutional accountability

• GS 1 (Post-Independence India): NRC debates, citizenship amendments, Assam experience