The Election Commission (EC) has clarified to the Supreme Court that the ongoing Special Intensive Revision (SIR) of voter rolls is solely for maintaining the integrity of electoral lists and will not automatically lead to deportation. This clarification was made during a hearing on petitions challenging the EC's decision to conduct the SIR in several states, including Bihar.
Senior advocate Rakesh Dwivedi, representing the EC, emphasized that an adverse finding during the SIR would only result in the exclusion of a person's name from the electoral roll. He stated explicitly that it would "not ipso facto result in deportation". Dwivedi further explained that in certain cases, the matter might be referred to the central government for scrutiny and potential action under the Citizenship Act, the Foreigners Act, and related laws.
The EC defended the SIR as a constitutional mandate to ensure that no foreigners are registered as voters. The commission argued that Article 326 of the Constitution mandates that only citizens can vote, making it the EC's duty to prevent non-citizens from being included in the electoral rolls. The EC insists that this is not a political judgment but a constitutional obligation.
The Supreme Court bench, comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, is hearing the petitions challenging the SIR. These petitions raise questions about the scope of the EC's powers, citizenship, and the right to vote. The EC countered claims that the SIR is a "parallel" National Register of Citizens (NRC), stating that the NRC includes all citizens, while electoral rolls only include those above 18 years of age and of sound mind.
Dwivedi also addressed concerns that citizenship matters are exclusively under the Union government's jurisdiction. He pointed to Section 9(2) of the Citizenship Act, noting that the central government's exclusive jurisdiction is limited to the termination of citizenship due to voluntary acquisition of foreign citizenship. The EC maintains that it is not prevented from taking action while revising electoral rolls, provided it records the reasons. The reasons for the SIR 2025 include rapid urbanization and migration, with the goal of preserving the purity of the electoral rolls.
During the hearing, Justice Bagchi observed the evolution of citizenship law, noting the changes in requirements for citizenship based on parentage. The hearing is scheduled to resume on Thursday, January 15.
In a separate matter, the EC clarified a notice issued to former Navy chief Admiral Arun Prakash (retd) as part of the SIR in Goa, stating that his enumeration form lacked mandatory details related to the previous SIR. The EC has also exempted government and military employees residing abroad from personal appearances during SIR hearings in West Bengal, allowing them to authorize family members to appear on their behalf.
