Context

The question of voter eligibility in India is not a mere administrative matter but a fundamental element of the country’s democratic framework. Central to this framework is the constitutional principle that only Indian citizens are entitled to vote. Recent controversy over the Election Commission of India’s (ECI) move to conduct a Special Intensive Revision of electoral rolls in Bihar has prompted criticism, particularly regarding the verification of voters'' citizenship. These objections reflect either a misunderstanding of the Constitution or a deliberate neglect of its mandates for political convenience.

Citizenship: A Constitutional Requirement for Voting

• Article 326 of the Constitution mandates that elections to the Lok Sabha and State Legislative Assemblies be based on adult suffrage.
• However, this suffrage is restricted to Indian citizens who are:
• At least 18 years of age, and
• Not disqualified under any law made by the appropriate legislature.

This principle is reinforced by the Representation of the People Act, 1950, which governs the preparation and maintenance of electoral rolls. It emphasizes that only citizens may be registered as voters.

Role and Responsibility of the Election Commission of India

• Under Article 324, the Election Commission of India (ECI) is constitutionally entrusted with supervising elections and maintaining electoral rolls.
• Its authority includes revising rolls even in non-election periods.
• In Lakshmi Charan Sen v. A.K.M. Hassan Uzzaman (1985), the Supreme Court affirmed that revision is an ongoing responsibility of the ECI.
• The ECI has both the power and obligation to:
• Verify the eligibility of applicants.
• Remove names of those found to be ineligible, especially non-citizens.

Statutory Framework (RPA, 1950)

• Sections 15 to 24: Cover the preparation, correction, and revision of electoral rolls.
• Section 16: Clearly disqualifies non-citizens from voter registration.
• Section 16(2): Allows deletion of entries wrongly included in the rolls, reinforcing the need to confirm citizenship status.

Disqualifications Extend to Candidacy

• The link between citizenship and electoral rights goes beyond voting.
• Only citizens can contest elections for Parliament or State Assemblies.
• Articles 102 and 191 of the Constitution:
• Disqualify any person who is not an Indian citizen, or
• Who has voluntarily acquired foreign citizenship or pledged allegiance to another country.

Thus, permitting non-citizens to vote or contest elections would violate the Constitution and compromise the core of Indian democracy.

Overseas Citizens and Voter Eligibility

• The Citizenship Act, 1955 provides clarity on the rights of Overseas Citizens of India (OCIs) through:
• Section 7A: Registration of OCIs.
• Section 7B(2): Explicitly states that OCIs do not have voting rights.
• Therefore, only full Indian citizens can be included in the electoral rolls.

Residency and Lawful Presence

• Electoral roll inclusion requires a person to be ordinarily resident in a constituency.
• In Dr. Yogesh Bhardwaj v. State of U.P. (1990), the court held that unlawful presence in India cannot qualify as ordinary residence.
• Individuals residing in India in violation of immigration laws are not eligible to vote or to be listed in voter rolls.

Aadhaar Does Not Prove Citizenship

• A common misconception is that possession of an Aadhaar card is proof of citizenship.
• However, under the Aadhaar Act, 2016:
• Section 9: Aadhaar does not confer citizenship or domicile status.
• Section 3: Aadhaar is issued to residents, not necessarily citizens.
• Therefore, Aadhaar cannot be used as legal proof of citizenship for voter registration.

Conclusion

The legitimacy of India’s electoral process depends on ensuring that the voter base is comprised solely of Indian citizens, as mandated by the Constitution and electoral laws. The Election Commission, as the constitutional guardian of elections, must carry out revisions and verifications to uphold this standard.

Criticism of the ECI’s initiative in Bihar to verify voter eligibility, including citizenship, is thus misplaced and contrary to constitutional principles. Ignoring these processes risks compromising the integrity of Indian democracy, potentially allowing non-citizens to dilute the electoral system. Strong verification mechanisms and voter roll maintenance are not just administrative necessities but constitutional imperatives.