The Supreme Court (SC) has recently addressed critical questions to the Election Commission (EC) regarding the deletion of names from electoral rolls, specifically focusing on the procedures and consequences of these removals in relation to citizenship inquiries.
The core of the issue revolves around the authority of Electoral Registration Officers (EROs) to remove individuals from voter lists following inquiries into their citizenship during Special Intensive Revision (SIR) exercises. The court is examining whether an ERO's decision to strike a name from the electoral roll can be used by the central government to initiate investigations into a person's right to remain in India, potentially leading to deportation. Justice Joymalya Bagchi, part of the bench headed by Chief Justice Surya Kant, raised concerns about EROs potentially excluding individuals even before the Centre makes a final determination on their citizenship status.
The Supreme Court's concerns are amplified by the significant number of deletions from draft electoral rolls in several states and Union Territories. Approximately 6.5 crore names were removed during the second phase of the SIR process in nine states and three Union Territories, including West Bengal, Uttar Pradesh, and Tamil Nadu. Senior Advocate Rakesh Dwivedi argued that the EC, through the EROs, possesses the power to investigate citizenship for electoral roll inclusion, citing Article 326 of the Constitution, the Representation of the People Act, and the Registration of Electors Rules of 1960. Chief Justice Kant questioned whether non-citizens are entitled to be on voter rolls. Dwivedi clarified that while the EC can verify citizenship for voter list inclusion, the decision to deport someone rests with the central government. He also noted that various statutes mandate citizenship for applicants.
In a separate but related development, the Supreme Court has also directed the Election Commission to publicize the names of individuals removed from draft electoral rolls after the SIR process in Kerala. This directive aims to ensure transparency and allow affected voters to raise objections. The court, led by Chief Justice Surya Kant, also urged the EC to consider extending the deadline for filing objections, potentially by two weeks.
The context for this order stems from petitions highlighting that nearly 24 lakh names were deleted from Kerala's draft electoral rolls. Petitioners argued that while voters must object to deletions, the absence of a publicly available list of excluded individuals hinders their ability to contest these removals effectively. The court has thus mandated that these lists be displayed at Gram Panchayat offices or other public locations in villages, as well as being uploaded to the official website. This decision underscores the importance of accessible information in upholding the integrity of the electoral process.
The special intensive revision of electoral rolls is currently underway in 12 states and Union Territories, including Kerala. In Kerala, the draft electoral rolls published on December 23, 2025, indicated that approximately 8.7% of the electorate, or 24 lakh names, had been excluded from an electorate of 2.7 crore. The deadline for filing objections to deletions is January 22, 2026, with the final electoral rolls scheduled for publication on February 21, 2026.
