Context:
The Election Commission of India (EC) defended the Special Intensive Revision (SIR) of electoral rolls before the Supreme Court of India, asserting its constitutional duty to ensure that foreigners are excluded from voter lists, and rejecting allegations that the exercise amounts to a “parallel NRC”.
Key Highlights:
- Constitutional & Legal Basis
- The EC derives authority from Article 324 of the Constitution, empowering it to supervise, direct, and control elections.
- Preparation and revision of electoral rolls necessarily involves verification of citizenship for voting eligibility.
- Only Indian citizens above 18 years can be enrolled as voters.
- Distinction Between SIR and NRC
- Special Intensive Revision (SIR):
- Focuses only on eligible voters (citizens aged 18+).
- A routine yet intensive electoral roll purification exercise.
- National Register of Citizens (NRC):
- Conducted under the Citizenship Act, 1955.
- Seeks to identify all citizens, not limited to voters.
- EC clarified that NRC remains under the exclusive domain of the Union Government.
- Scope & Expansion
- SIR began in Bihar and has expanded to 12 additional States and Union Territories in the second phase.
- Triggered by factors like rapid urbanisation, migration, and demographic changes.
- Objections & EC’s Response
- Petitioners, including opposition parties, alleged SIR resembles a citizenship determination drive.
- EC countered that:
- Electoral roll revision is distinct from citizenship termination.
- Under Section 9(2) of the Citizenship Act, only the Centre can decide loss of citizenship due to foreign nationality.
- EC can deviate from standard procedures during revisions if reasons are recorded transparently.
Relevant Prelims Points:
- Article 324 – Powers and functions of the Election Commission.
- Difference between SIR and NRC (scope, authority, legal basis).
- Citizenship Act, 1955 – Section 9(2).
- Voter eligibility: Citizenship + 18 years of age.
- Electoral roll revision types: summary, intensive, special revision.
Relevant Mains Points:
- Significance:
- Ensures purity and credibility of electoral democracy.
- Prevents illegal influence in electoral outcomes.
- Concerns:
- Fear of procedural arbitrariness.
- Risk of politicisation of electoral processes.
- Way Forward:
- Transparent guidelines and uniform standards for SIR.
- Strong grievance redressal mechanisms.
- Judicial oversight to balance electoral integrity and civil liberties.
UPSC Relevance:
GS 2 – Polity (Constitutional Bodies), Governance, Electoral Reforms | Prelims & Mains