Supreme Court: EC Can Delete Doubtful Voters but Cannot Determine Citizenship

The Supreme Court of India has clarified that the Election Commission (EC) has the authority to delete doubtful voters from electoral rolls, but it cannot adjudicate on matters of citizenship. The ruling came while hearing a plea related to the deletion of voters in West Bengal.

The bench, comprising Justices Vikram Nath and Prasanna B. Varale, stated that the EC's power to revise electoral rolls includes the removal of names that are found to be invalid or doubtful. However, the determination of citizenship remains exclusively within the domain of competent tribunals and courts under the Citizenship Act, 1955.

The court issued a notice to the West Bengal government seeking its response on a petition alleging that ration cards were being denied to voters whose names were deleted from electoral rolls. The petitioner argued that this denial effectively disenfranchised eligible citizens, as ration cards are often linked to voter identity.

The Supreme Court directed the state to file a counter-affidavit within four weeks, explaining the criteria used for deletion of voters and the subsequent denial of ration cards. The court emphasized that any action that indirectly deprives citizens of their right to vote must be scrutinized carefully.

This ruling underscores the constitutional separation of powers, where the EC's role is limited to maintaining accurate electoral rolls, while citizenship questions must be resolved through legal frameworks. The case is scheduled for further hearing in six weeks.