Election Commission’s Power to Verify

Source: Supreme Court 

Why in News? 

Justice Sudhanshu Dhulia and Justice Joymalya Bagchi of the Supreme Court strongly objected to the Election Commission of India's Special Intensive Revision (SIR) of Bihar's voter list just months before the state elections, criticizing the ECI for seeking proof of citizenship from voters at short notice.

• The Supreme Court held this in the matter of Association for Democratic Reforms v. Election Commission of India (2025).

What was the Background of Association for Democratic Reforms v. ECI (2025) Case? 

• Multiple petitions were filed challenging the Bihar Special Intensive Revision (SIR) process conducted by the Election Commission of India. 
• The petitioners argued that the ECI was overstepping its jurisdiction by calling upon individuals to prove their citizenship during the electoral roll revision. 
• The challengers contended that citizenship determination was not within the ECI's domain and was the exclusive prerogative of the Union Government. 
• The petitioners argued that the revision process, including the timeline and required documents, violates Fundamental Rights and constitutional provisions. 
• The ECI initiated the SIR process in Bihar to update and verify electoral rolls, requiring individuals to provide proof of citizenship for registration or continuation in the voter list. 
• The Supreme Court had orally commented that determination of citizenship was not the function of the ECI and urged consideration of Aadhaar, Voter ID, and Ration cards in the process. 
• The state and petitioners raised concerns about the burden of proof being placed on citizens to establish their citizenship status. 
• The ECI asserted that Article 324 grants it superintendence over elections while Article 326 mandates citizenship as a prerequisite for voting rights. The Commission argued that these provisions, read with Sections 16 and 19 of the RP Act 1950, constitutionally obligate it to verify voter eligibility including citizenship status. 

What were the Supreme Court's Observations? 

• The bench expressed serious concerns about the potential disenfranchisement, stating that forcing existing voters to prove citizenship through complex processes would deprive them of the right to vote in the forthcoming election. 
• The Court questioned the ECI's document requirements, noting that the prescribed documents "do not prove citizenship by themselves" when referring to the ECI's list. 
• The Court clarified jurisdictional boundaries, stating that citizenship determination "is a separate issue and the prerogative of the Ministry of Home Affairs". 
• The Supreme Court highlighted the practical difficulties faced by voters who were suddenly asked for documents that they do not have. 
• The Court questioned the feasibility of the timeline, comparing it to census operations and asking why such a limited timeframe was provided for a massive population exercise. 
• The Court expressed "serious doubts about adhering to this deadline" and stated the approach was "not practical". 
• The Supreme Court directed the Election Commission to accept Aadhaar card, voter ID card, and ration card as valid documents in the SIR process. 

What is the Constitutional Framework for Electoral Registration? 

• Article 324 of the COI: 
  • Article 324 vests the superintendence, direction and control of all elections (Parliament, State Legislatures, President and Vice-President) in the Election Commission, which consists of the Chief Election Commissioner and other Election Commissioners appointed by the President.  
  • The Chief Election Commissioner enjoys security of tenure similar to Supreme Court judges and can only be removed on similar grounds, while other Election Commissioners can be removed only on the recommendation of the Chief Election Commissioner. 
• Article 326 of the COI: 
  • Article 326 establishes adult suffrage as the basis for elections to the House of the People and State Legislative Assemblies.  
  • Every Indian citizen aged eighteen years or above is entitled to be registered as a voter, unless disqualified on grounds of non-residence, unsoundness of mind, crime, or corrupt/illegal practice. 
• Article 14 and Article 21 of the Constitution provide fundamental rights to equality and procedural fairness, which excludes arbitrary disenfranchisement of legitimate voters through unreasonable documentation requirements. 

What are the Relevant Sections of the Representation of the People Act, 1950 Referred to? 

• Section 21(3):  
  • It provides special provisions for revision of electoral rolls in cases involving preparation for elections. 
  • The section empowers the Election Commission to order intensive revision when circumstances warrant such action. 
• Section 16: 
  • Provides for the preparation of electoral rolls by the Electoral Registration Officer. 
  • Mandates that every person whose name is included in the electoral roll shall be entitled to vote. 
• Section 19: 
  • Specifies eligibility criteria for registration in electoral rolls. 
  • Requires that a person "must be a citizen of India" among other conditions. 
  • Empowers the Electoral Registration Officer to verify eligibility before inclusion. 
• Registration of Electors Rules, 1960: 
  • Form 6 requires applicants to provide necessary documentation and establish eligibility for voter registration. 
  • Places the initial burden on the applicant to demonstrate qualification for inclusion in electoral rolls.