Citizenship Scrutiny: Election Commission Outlines Its Constitutional Powers
Why in news?
The Election Commission of India (ECI) has asserted its constitutional authority to scrutinize citizenship for the purpose of maintaining electoral rolls. This clarification comes in response to challenges from opposition parties regarding the Special Intensive Revision (SIR) of electoral rolls.
ECI's Constitutional and Statutory Basis
The ECI's power to assess citizenship for electoral purposes stems from:
- Article 324 of the Constitution: This article grants the ECI plenary powers for the superintendence, direction, and control of elections.
- Article 326 of the Constitution: This article mandates that Indian citizenship is a prerequisite for voter registration.
- Representation of the People Act (ROPA), 1950: Sections 16 and 19 of this Act disqualify non-citizens from electoral rolls and require voters to be ordinarily resident in their constituency. The SIR exercise is conducted under Section 21(3) of ROPA, 1950.
Limits on the Union Government's Powers
- The ECI clarified that the Union Government's powers regarding citizenship are limited, primarily to cases of voluntary acquisition of foreign citizenship, as outlined in Section 9 of the Citizenship Act, 1955.
- The Centre's jurisdiction in this regard is confined to determining if an individual has acquired foreign citizenship and whether their Indian citizenship should be terminated.
- The ECI argues that other aspects of citizenship, beyond the voluntary acquisition of foreign citizenship, can be examined by other authorities, including the ECI itself.
Special Intensive Revision (SIR)
- The ECI emphasizes that the SIR process is not a citizenship screening exercise or a "de facto NRC" (National Register of Citizens).
- Instead, its sole purpose is to ensure the accuracy and purity of electoral rolls, which is essential for conducting free and fair elections, a basic feature of the Constitution.
- The ECI denies claims that the SIR shifts the burden of proof onto electors, describing the process as voter-friendly.
Citizenship Provisions in the Indian Constitution
- Part II of the Constitution, Articles 5 to 11, deals with citizenship.
- The Constitution does not contain permanent and detailed provisions for citizenship; it primarily identifies those who became citizens at the time of its enactment.
- Article 11 specifically empowers the Parliament to make laws regarding the acquisition and termination of citizenship.
- Based on this power, Parliament enacted the Citizenship Act, 1955, which has been amended multiple times.
Key Citizenship Acts and Amendments
- Citizenship Act, 1955: This act lays down the conditions for acquiring citizenship, such as by birth, descent, registration, and naturalization.
- Citizenship (Amendment) Act, 2019 (CAA): This act aims to provide an accelerated pathway to Indian citizenship for persecuted religious minorities (Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians) from Afghanistan, Bangladesh, and Pakistan who arrived in India by a specified date. The residency requirement for naturalization has been relaxed for these groups.
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