Citizenship Clarified in Bihar Voter Roll Revision

quick Summary

• The Election Commission of India (ECI) has initiated a Special Intensive Revision of electoral rolls in Bihar ahead of the upcoming Assembly elections.
• Citizenship verification in electoral rolls is constitutionally mandated under Article 324 and Article 326, ensuring only Indian citizens aged 18 or above are eligible to vote.
• The representation of the People Act, 1950 lays out detailed procedures for preparing and revising electoral rolls, disqualifications for voter registration, and provides provisions for corrections or appeals regarding inclusions/exclusions.
• Section 16(1)(a) explicitly disqualifies non-citizens from being registered as voters. Names erroneously included can be deleted under Section 16(2).
• non-citizens cannot become legislators since being a voter is mandatory for membership in Parliament or State Legislatures under Articles 102 and 191.
• The Supreme Court ruling (Dr. Yogesh Bhardwaj vs State Of U.P.) states that unlawful residence does not count as “ordinary residence,” a requirement for electoral registration.
• Possession of an aadhaar card does not prove citizenship, according to the Aadhaar Act (Section 9), emphasizing demographic residency over legal status.

Indian Opinion Analysis

The Election Commission’s Special Intensive Revision aligns with constitutional mandates-ensuring only Indian citizens are part of the democratic process. Opposition to citizenship verification undermines fundamental legal principles embedded in India’s framework governing elections. While regular revisions are routine per statutory requirements regardless of upcoming polls, heightened scrutiny during election seasons strengthens procedural accountability.

Given potential controversies around excluded names or targeted objections during this revision process, clarity and transparency from the ECI will be critical to maintaining trust within india’s democratic institutions.Verification measures must balance efficiency while addressing concerns over disenfranchisement without compromising on constitutional provisions.For more details: Read More

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