Supreme Court clarifies scope of SIR, says removal from electoral roll doesn’t mean loss of citizenship
The Supreme Court has ruled that the Election Commission has the authority to examine issues relating to citizenship while preparing or revising electoral rolls, but only for the limited purpose of determining eligibility for voter registration.
The court observed that a person’s existing inclusion in the electoral roll carries a presumption in their favour and that any decision regarding deletion or exclusion must follow due legal process.
Importantly, the bench clarified that removal from the electoral roll does not amount to a declaration that an individual is no longer an Indian citizen. Instead, it only reflects the Election Commission’s inability to confirm eligibility for electoral purposes based on the available material.
The judgment also states that the Commission’s decisions during the Special Intensive Revision (SIR) remain open to judicial scrutiny. Where doubts persist regarding a person’s eligibility, the Commission may decline enrolment or initiate deletion proceedings in accordance with the law.
The court further explained that questions relating to citizenship must ultimately be decided by the competent authority under the Citizenship Act. If the Election Commission is not satisfied about an individual’s eligibility, the matter should be referred to the appropriate authority, whose decision will determine the final outcome.