In a significant move to identify and address the issue of illegal immigration, the Election Commission (EC) has announced that Electoral Registration Officers (EROs) in Bihar will now be responsible for referring suspected foreign nationals to the appropriate authorities under the Citizenship Act. This directive comes as part of the Special Intensive Revision (SIR) of electoral rolls currently underway in Bihar, with the potential for nationwide implementation.
The EC's decision means that EROs will not only manage inclusions and deletions from the electoral rolls but also play a crucial role in identifying individuals who may not be Indian citizens. This initiative is geared towards tightening voter verification norms and removing illegal immigrants from electoral rolls, a concern particularly relevant in Bihar and neighboring regions with a history of cross-border migration.
Under the revised guidelines, both new applicants and existing voters enrolled after the last SIR in 2003-04 must submit a self-attested declaration affirming their Indian citizenship. This declaration must specify whether citizenship is obtained by birth, registration, or naturalization, and it must be supported by documentary evidence like a birth certificate or a certificate of registration/naturalization.
The process of verification is categorized based on an individual's date of birth. Those born before July 1, 1987, need to provide a document establishing their date and place of birth. Individuals born between July 1, 1987, and December 2, 2004, must additionally furnish a document for either of their parents. Those born after December 2, 2004, are required to provide documents for both parents. If either parent is not an Indian citizen, the parent's passport and visa details at the time of the person's birth are required.
To ensure transparency, the enumeration form filled by existing electors included in the rolls after 2003, as well as new or shifted applicants, will be uploaded on ECINET along with the documentary proof submitted to establish their citizenship status.
In cases where the ERO or Assistant ERO (AERO) doubts the eligibility of a potential elector due to missing documents or other reasons, they will initiate a suo motu inquiry and issue a notice to the elector. The ERO/AERO will then decide on the inclusion of the elector in the final rolls based on field inquiry and documentation, providing a 'speaking' order in each case. No entry from the draft roll will be deleted without conducting an inquiry and providing the affected person a fair opportunity to be heard. If the person excluded from the roll remains aggrieved, they can appeal to the District Magistrate and subsequently file a second and final appeal before the Chief Electoral Officer.
Cases of suspected foreign nationals referred under the Citizenship Act of 1955 may undergo further investigation at the district collector or police level. If the suspicion is confirmed, the procedure mandates that the "illegal immigrant" be confined to a transit facility or detention center in their state or union territory of residence, pending deportation to their country of origin.
The Election Commission's move comes as the SIR in Bihar commences, utilizing the January 2003 electoral roll as the draft base. Voters already on the 2003 Bihar roll will not be required to submit additional documents, with the 2003 roll serving as "probative evidence of eligibility, including presumption of citizenship unless they receive any input otherwise". All other voters in Bihar must furnish a declaration stating they are over 18 years of age and ordinary residents of the relevant constituency, along with listing their citizenship status and providing proof through 11 eligible documents.
