New Delhi: The Election Commission of India (ECI) has told the Supreme Court that it has the statutory and constitutional authority to seek proof of citizenship during the Special Intensive Revision (SIR) of electoral rolls in Bihar.

Defending its action in a counter-affidavit filed in the batch of petitions challenging the SIR process, the ECI rejected the argument that it was overstepping its jurisdiction by asking individuals to prove citizenship.

It asserted that this obligation flows from Article 326 of the Constitution and Sections 16 and 19 of the Representation of the People Act, 1950. “ECI is vested with the power to scrutinize whether a proposed elector fulfils the criteria for being registered as a voter in the electoral roll, which includes an assessment of citizenship as per Article 326,” stated the affidavit filed by Deputy Election Commissioner Sanjay Kumar.

The ECI added that its powers flow directly from Articles 324 and 326 read with Sections 16 and 19 of the RP Act, 1950. Highlighting Section 19, the Commission emphasised that citizenship is a key eligibility criterion for voter registration.

It is thus obligated to verify this condition to ensure that no ineligible person is included and no eligible person excluded.

The ECI rejected the contention that only the central government can adjudicate citizenship issues, clarifying that Section 9 of the Citizenship Act, 1955, vests exclusive jurisdiction with the Centre only for determining termination of citizenship upon voluntary acquisition of foreign citizenship. “Other aspects related to citizenship can be inquired into by other relevant authorities for their purposes, including the ECI,” it stated.