Can voting rights be put on hold during citizenship probe? SC questions ECI

The Supreme Court of India on Tuesday raised a crucial question on whether the right to vote can be withheld from individuals whose citizenship is under scrutiny, while hearing petitions challenging the Special Intensive Revision (SIR) of electoral rolls across the country.

The bench, comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi , sought clarity from the Election Commission of India (ECI) on whether it is permissible to strike off the names of “doubtful voters” from electoral rolls before the Central Government determines their citizenship.

Senior Advocate Rakesh Dwivedi , representing the ECI, argued that the commission has the authority to conduct an inquisitorial inquiry through Electoral Registration Officers (EROs) to determine voter eligibility under Article 326 of the Constitution, the Representation of the People Act, 1950 , and related rules. He added that similar inquiries are mandated under other laws, such as the Mines and Minerals (Development and Regulation) Act, 1957 , where citizenship verification is required for certain permissions.

Justice Bagchi questioned whether, once a person's citizenship is referred to the Central Government for determination, their voting rights could be suspended until the decision is finalized. Dwivedi clarified that while the ultimate decision on citizenship rests with the Centre, the ECI is empowered to strike off the name from electoral rolls for administrative purposes. He also stressed that procedural safeguards exist, as individuals can appeal such decisions in court.

Dwivedi emphasized that while some individuals may temporarily face exclusion, the electoral process must continue unhindered, echoing Pandit Jawaharlal Nehru’s observation that no system is perfect and some inconveniences are inevitable.

The matter, Association for Democratic Reforms vs. Election Commission of India (W.P.(C) No. 000640 / 2025), will continue to be heard on January 15.