The Election Commission (EC) has clarified to the Supreme Court (SC) that while it can inquire into a person's citizenship status for voter registration, it does not have the authority to deport individuals or check their visas. The EC emphasized that its role is limited to determining voter eligibility and ensuring that only legitimate citizens are included in electoral rolls.

The EC's submission came during hearings on petitions challenging the Special Intensive Revision (SIR) of electoral rolls in several states. These petitions raised concerns about the scope of the EC's powers, citizenship determination, and the right to vote. The EC defended the SIR exercise, asserting that it is within its constitutional and statutory mandate and not a parallel citizenship determination process like the National Register of Citizens (NRC).

Senior Advocate Rakesh Dwivedi, representing the EC, stated that the Electoral Registration Officer (ERO) is authorized to conduct a limited inquiry to verify citizenship for electoral purposes. He emphasized that the Constitution mandates that only citizens can vote. The EC has a constitutional duty to ensure no foreigner is registered as a voter.

The Supreme Court bench acknowledged the EC's authority to verify citizenship for electoral purposes. However, it clarified that the EC cannot act as an authority to grant citizenship. The bench raised questions about whether a person's right to vote could be revoked while their citizenship status is still under review by the central government. Dwivedi clarified that any restriction would only apply to electoral roll eligibility, and deportation matters fall under the government's purview.

The EC clarified that an adverse finding during the SIR would only result in the exclusion of the person's name from the electoral roll. The exclusion does not automatically lead to deportation. However, the matter may be referred to the central government for scrutiny and possible action under the Citizenship Act and related laws.

The interplay between different statutes was explained, noting that the Citizenship Act governs citizenship acquisition and determination, while election laws require authorities to examine citizenship for specific statutory purposes.

In the United States, a similar issue exists, where the US Citizenship and Immigration Services (USCIS) has updated its policy manual to block migrants who voted illegally or attempted to register from gaining citizenship. These rules also allow deportation for voter fraud or false citizenship claims.