Petitioners challenge ECI’s citizenship authority

New Delhi

Petitioners appearing before the Supreme Court on Thursday questioned the constitutional authority of the Election Commission of India (ECI) to determine matters related to citizenship. The case revolves around the ECI’s decision to conduct a Special Intensive Revision (SIR) of electoral rolls in poll-bound Bihar, which has triggered significant political and legal debate.

Senior advocate Gopal Sankaranarayanan argued that the ECI’s move effectively shifts the burden of proving citizenship onto individuals, particularly in the absence of clear guidelines and uniform verification procedures. “Bihar is just the beginning; the ECI has indicated similar exercises may follow in other states,” he said.

The petitioners urged the apex court to seek an explanation from the ECI for what they called the “ill-timed and hasty” implementation of the SIR process. They expressed concern that the SIR is being used as a tool to exclude voters based on citizenship status without legal mandate. Senior advocate Abhishek Manu Singhvi also appeared in court to support the plea, highlighting that Electoral Registration Officers (EROs) wield disproportionate power in the absence of adequate documentation, leaving voters vulnerable to exclusion.

The petitioners warned that the ECI’s overreach could set a dangerous precedent and demanded that the Supreme Court intervene to halt the exercise in Bihar and prevent it from expanding nationwide. The case has been posted for further hearing on July 14. Observers say the outcome could have far-reaching implications on voter rights and democratic participation in the upcoming elections.