Citizenship not ECI’s job: Former Supreme Court judge Sudhanshu Dhulia

Indian Polity & Constitution · 29 September 2026 · Based on Indian Express (original report)

Must read — 2 past UPSC questions on this theme (Mains GS-2 2026, Prelims GS-1 2017).

2-minute summary

Former Supreme Court Justice Sudhanshu Dhulia has emphasized that determining or verifying citizenship is the mandate of the Ministry of Home Affairs (MHA) under the Citizenship Act, 1955, and is not the responsibility of the Election Commission of India (ECI). While a voter must be an Indian citizen under Article 326, the ECI's role is limited to preparing electoral rolls and registering voters, not adjudicating citizenship status. Justice Dhulia also described the documented internal friction within the ECI—where two Election Commissioners objected on record 14 times in 10 months to decisions by the Chief Election Commissioner—as a 'serious matter'. Additionally, he addressed issues regarding the Special Summary Revision (SIR) of electoral rolls, noting that the Supreme Court has previously ruled that individuals flagged with 'logical discrepancies' must be given a fair hearing before deletion, and that secondary documents like Aadhaar, voter ID, and ration cards should be considered during verification.

Why it's in the news

Former Supreme Court Justice Sudhanshu Dhulia clarified the constitutional boundaries of the Election Commission of India (ECI) regarding citizenship determination, while also commenting on reports of internal dissent within the multi-member commission.

Facts to remember

  • Former Supreme Court Justice Sudhanshu Dhulia emphasized that determining or verifying citizenship is the mandate of the Ministry of Home Affairs.
  • Citizenship is determined under the Citizenship Act, 1955.
  • Under Article 326 of the Constitution, every citizen of India who is not otherwise disqualified is entitled to be registered as a voter.

Background and context

The relationship between citizenship and voting rights is a cornerstone of Indian democracy. Under Article 326 of the Constitution, every citizen of India who is not otherwise disqualified is entitled to be registered as a voter. However, the authority to determine who is a citizen rests with the Union Government (Ministry of Home Affairs) under the Citizenship Act, 1955. The ECI, established under Article 324, is responsible for the superintendence, direction, and control of elections, which includes preparing electoral rolls. Historically, tension has arisen during Special Summary Revisions (SIR) of electoral rolls, particularly in border states, where allegations of non-citizens being registered are common. The Supreme Court in various judgments (such as the *Lal Babu Hussein* case, 1995) has held that the Electoral Registration Officer (ERO) can inquire into citizenship status only for the limited purpose of voter registration, but cannot act as a citizenship-determining tribunal. Furthermore, the internal governance of the ECI has been a subject of debate since it became a multi-member body in 1993, with the Supreme Court in *T.N. Seshan v. Union of India* (1995) establishing that the CEC and ECs have equal decision-making powers, requiring consensus or a majority vote.

Constitutional provisions

  • Article 324 — Vests the superintendence, direction, and control of elections, including the preparation of electoral rolls, in the Election Commission of India.
  • Article 326 — Guarantees adult suffrage, establishing that every person who is a citizen of India and not less than 18 years of age is eligible to be registered as a voter.
  • Articles 5 to 11 — Deals with citizenship at the commencement of the Constitution, with Article 11 empowering Parliament to regulate the right of citizenship by law (leading to the Citizenship Act, 1955).

Committees and reports

  • Dinesh Goswami Committee on Electoral Reforms — Recommended making the Election Commission a multi-member body to ensure collective decision-making and reduce individual arbitrariness.
  • Law Commission of India - 255th Report on Electoral Reforms — Recommended strengthening the independence of the ECI, including equal constitutional protection (removal process) for all Election Commissioners.

Previous UPSC questions on this theme

  • Mains GS-2 2026 — Is the right to vote a fundamental right? Discuss the position of the Election Commission of India while undertaking the revision of electoral rolls. Can it also examine the question of citizenship of voters?
  • Prelims GS-1 2017 — Consider the following statements: 1. The Election Commission of India is a five-member body. 2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections. 3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties. Which of the statements given above is/are correct? (a) 1 and 2 only (b) 2 only (c) 2 and 3 only (d) 3 only

Mains practice: While citizenship is a prerequisite for voting rights in India, the mandates of determining citizenship and registering voters reside with distinct authorities. Examine the constitutional, legal, and administrative challenges arising from this division of power.

In India, the intersection of citizenship and franchise is governed by distinct constitutional mandates. Under Article 326, citizenship is a fundamental prerequisite for voting. However, the authority to determine citizenship and the power to register voters are vested in separate entities, creating complex administrative and legal challenges.

• **Constitutional and Legal Division of Power**:

1. **Citizenship Determination**: Under Articles 5–11 of the Constitution and the Citizenship Act, 1955, the power to grant, verify, or strip citizenship is exclusively vested in the Union Executive (Ministry of Home Affairs) and designated judicial/quasi-judicial tribunals (e.g., Foreigners Tribunals).

2. **Voter Registration**: Under Article 324 and the Representation of the People Act, 1950, the Election Commission of India (ECI) is mandated to prepare and maintain electoral rolls. The Electoral Registration Officer (ERO) registers voters based on prima facie evidence of citizenship and residence.

• **Key Administrative and Legal Challenges**:

1. **Jurisdictional Overlap**: During Special Summary Revisions (SIR) of electoral rolls, EROs often face the challenge of verifying the citizenship of applicants. While the Supreme Court (e.g., *Lal Babu Hussein* case) ruled that EROs can inquire into citizenship for the limited purpose of voter registration, they cannot act as citizenship tribunals. This creates ambiguity in the scope of an ERO's inquiry.

2. **Risk of Arbitrary Disenfranchisement**: Unilateral deletion of voters from electoral rolls on suspicion of non-citizenship violates natural justice. As highlighted by the Supreme Court, individuals flagged with 'logical discrepancies' must be given a fair opportunity to be heard before deletion.

3. **Documentary Hurdles**: The insistence on specific citizenship documents can exclude vulnerable populations. The judiciary has suggested accepting secondary documents like Aadhaar, ration cards, and older voter IDs to prevent exclusion during revisions.

• **Conclusion**:

To safeguard both national security and democratic franchise, a clear distinction must be maintained. The ECI must rely on the citizenship determinations made by competent statutory authorities under the MHA, ensuring that voter registration processes remain inclusive, transparent, and strictly compliant with the principles of natural justice.

Prelims practice questions

Q1. With reference to the Election Commission of India (ECI), consider the following statements: 1. The Chief Election Commissioner (CEC) possesses overriding executive powers over the decisions of the other Election Commissioners. 2. In case of a difference of opinion between the CEC and other Election Commissioners, the matter is decided by the President of India. 3. The removal of an Election Commissioner from office requires the recommendation of the Chief Election Commissioner. Which of the statements given above is/are correct?

  1. 1 and 2 only
  2. 3 only
  3. 1 and 3 only
  4. 1, 2 and 3

Answer: B. Statement 1 is incorrect: The CEC does not have overriding powers; all three members have equal voting power. Statement 2 is incorrect: Under the relevant Acts and Supreme Court rulings (e.g., T.N. Seshan case), differences of opinion are decided by a majority vote among the members, not by the President. Statement 3 is correct: Under Article 324(5), an Election Commissioner cannot be removed from office except on the recommendation of the CEC.

Q2. Which of the following authorities is primarily empowered under the law to determine and adjudicate the citizenship status of an individual in India?

  1. The Ministry of Home Affairs and designated tribunals
  2. The Ministry of External Affairs
  3. The Election Commission of India
  4. The Delimitation Commission

Answer: A. Determining and adjudicating citizenship is the statutory mandate of the Ministry of Home Affairs (MHA) and designated quasi-judicial bodies (like Foreigners Tribunals) under the Citizenship Act, 1955. The ECI only prepares electoral rolls and does not have the mandate to determine citizenship.

Q3. Consider the following statements regarding the preparation of electoral rolls in India: 1. The ECI can use Aadhaar cards as proof of identity and residence for updating electoral rolls. 2. An individual's name can be deleted from the electoral roll during a Special Summary Revision without a prior hearing if there is a logical discrepancy. Which of the statements given above is/are correct?

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Answer: A. Statement 1 is correct: The ECI can consider Aadhaar, voter IDs, and ration cards for the purpose of updating rolls. Statement 2 is incorrect: The Supreme Court has established that anyone flagged with a 'logical discrepancy' must first be given an opportunity to be heard before their name is deleted from the electoral rolls, adhering to the principles of natural justice.

Revision flashcards

  • Which constitutional article establishes the Election Commission of India and vests in it the superintendence of elections? Article 324 of the Constitution of India.
  • Which Ministry is the nodal authority for administering the Citizenship Act, 1955 and determining citizenship in India? The Ministry of Home Affairs (MHA).
  • How are decisions resolved within the multi-member Election Commission of India in case of a difference of opinion? Decisions are resolved by a majority vote among the Chief Election Commissioner and the other Election Commissioners.
  • What is the constitutional difference in the removal process of the CEC versus other Election Commissioners? The CEC can only be removed in like manner and on like grounds as a Supreme Court Judge, whereas other ECs can be removed by the President only on the recommendation of the CEC.
  • What legal standard must be met to prove 'contempt of court' regarding the non-implementation of judicial orders? It must be proved that there was a deliberate and wilful disobedience of a specific court order.

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