Place in Electoral Roll is a ‘Qualified Right’

The Election Commission has told the Supreme Court that inclusion in the electoral roll is a “qualified right”, during its hearing on the ongoing special intensive revision (SIR) exercise.

Background of the Case

• The Supreme Court heard petitions challenging the constitutionality of the Special Intensive Revision (SIR) exercise in Bihar and other states. 
• The Election Commission of India (ECI) argued that SIR is a legitimate verification process to maintain the purity of electoral rolls.

Citizenship and Voter Eligibility

• Continuous Requirement: Even registered voters must continuously fulfill the condition of Indian citizenship under Article 326 of the Constitution.
• No Permanent Entitlement: Once a name is entered in the electoral roll, it does not guarantee permanent stay if eligibility is lost. 
• Verification Exercise: SIR is purely to verify existing eligibility, not to determine or adjudicate citizenship.

Place in Electoral Roll as a ‘Qualified Right’

• The inclusion in the electoral roll is a “qualified right” dependent on meeting constitutional (Article 326 ) and legal eligibility (The Representation of the People Act, 1950, along with the rules framed under it) parameters.

Qualifications for Registration as a Voter in India

• The right to be registered as a voter in India is governed by Article 326 of the Constitution of India and the Representation of the People Act, 1950.
• These lay down the positive qualifications (who can register) and disqualifications (who cannot).
• Positive Qualifications (Eligibility Criteria): 
• • Citizenship:  Must be a citizen of India. Non-citizens (including foreign nationals or those who have acquired foreign citizenship) are not eligible.
  • Age : Must be not less than 18 years of age on the qualifying date.  
    • Voting age was reduced from 21 to 18 years by the 61st Constitutional Amendment Act, 1988.
  • Ordinary Residence : Must be ordinarily resident in the constituency where registration is sought.  
  • Not Otherwise Disqualified : Must not be disqualified under the Constitution or any law made by Parliament.

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Disqualifications (Grounds for Non-Registration)

• Is not a citizen of India
• Is of unsound mind 
• For the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections.

Special Intensive Revision

• The Special Intensive Revision (SIR) is a major exercise by the ECI to intensively revise and purify electoral rolls. 
• Purpose: To ensure only eligible Indian citizens remain on voter lists and no ineligible persons (e.g., non-citizens, duplicates, deceased) are included.
• Legal Basis: Article 324 of the Constitution (ECI’s superintendence over elections) and the Representation of the People Act, 1950 which allows special revision “in such a manner as it may think fit”.
• Objective: Maintain accurate, transparent, and clean electoral rolls for free and fair elections.
• Citizenship Determination: SIR is a limited verification exercise only for electoral roll purposes.
  • ECI does not decide citizenship status like an NRC or tribunal; it only checks if a person qualifies to remain a voter.

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