Verifying Citizenship in Electoral Rolls: The ECI's Constitutional Duty
UPSC Relevance
Prelims: Indian Polity and Governance (Election Commission of India - ECI, Electoral Rolls, Citizenship, Representation of the People Act 1950, Constitutional Articles 324, 326, 102, 191), Aadhaar Act, OCI.
Mains:
GS Paper 2: Powers, functions and responsibilities of various Constitutional Bodies (ECI); Salient features of the Representation of People’s Act; Citizenship provisions.
Key Highlights from the News
It is a fundamental principle that only an Indian citizen (citizen of India) can be a voter. Therefore, the article argues that opposing the Special Intensive Revision in Bihar is a lack of knowledge about the Constitution.
According to Article 324 of the Constitution, the Election Commission of India (ECI) has full supervision and control over the preparation of electoral rolls.
Article 326 clearly states that only an Indian citizen is eligible to be a voter.
Section 16 of the Representation of the People Act, 1950, disqualifies a non-Indian citizen from the electoral roll and mandates removal if their name has been added.
Therefore, it is the constitutional duty of the Election Commission to ensure that there are no non-citizens on the electoral rolls.
The Aadhaar Act of 2016 itself clarifies that an Aadhaar Card is not proof of citizenship.
To become a Member of the Legislative Assembly or a Member of Parliament, one must first be a voter. According to Articles 102 and 191, a non-Indian citizen cannot become a Member of the Legislative Assembly.
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