SIR | Supreme Court Asks ECI To Forward to Centre Names Of Persons Deleted From 2003 Bihar Roll Over Doubtful Citizenship
Gursimran Kaur Bakshi
27 May 2026 11:44 AM IST
The Court held that the Election Commission of India has the power to examine citizenship claim for the limited purpose of electoral roll inclusion.
While upholding the legality of the Special Intensive Revision (SIR) exercise of electoral rolls, the Supreme Court directed the Election Commission of India to forward to the Central Government the names of persons deleted from the 2003 Bihar electoral roll over doubtful citizenship within four weeks, to determine their citizenship.
The bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi, pronouncing judgment in a batch of petitions which challenged the ECI's notification to conduct SIR in Bihar, observed :
"Regarding persons whose names have been deleted from the 2003 roll on account of the Commission being of the opinion that they are not citizens, the Commission shall refer such cases within 4 weeks to the Competent authority under the Citizenship Act, 1955, for adjudication of their citizenship."
The Court directed the competent authority to complete the process in accordance with law before the next Vidhan Sabha or local body elections, whichever is earlier, after issuing notice to the concerned individuals and giving them an opportunity of hearing. The Court added that if the competent authority concludes that the deleted individuals are citizens, their names must be restored to the electoral rolls.
"The competent authority shall take necessary steps in accordance with law and conclude the process before the next Vidhan Sabha or local body elections, whichever is earlier, after giving notice and affording an opportunity of hearing to the concerned individuals. In the event the competent authority holds that such deleted individuals are citizens, their names shall be restored to the electoral rolls."
The Court further added that all persons who are domiciled in Bihar and whose names have been erroneously deleted on the ground that they are absent, dead, shifted or in duplication may assail the decision of the Commission by way of judicial review.
The Court held that the ECI has the power to go into the question of citizenship for the purpose of inclusion in the electoral roll. At the same time, the ECI's determination of citizenship is not final, and is confined only to electoral roll inclusion. The ECI's negative determination will not conclusively negate the citizenship of a person, as it can be determined only by the competent authority under the Citizenship Act, 2003.
"Upon detailed consideration, we have come to the conclusion that, in view of the statutory requirement under Section 16 of the Representation of the People Act, the Commission, in the course of preparing or revising electoral rolls, is undoubtedly empowered to examine questions bearing upon citizenship.
The Commission is empowered, in exercise of its constitutional mandate, to undertake a meaningful inquiry into citizenship for the limited purpose of satisfying itself as to eligibility for inclusion in the electoral rolls. Such an inquiry does not amount to a determination of citizenship in the strict sense and any action taken pursuant thereto is confined to electoral consequences alone.
The consequence of such a citizenship determination is correspondingly limited. It affects the individual's entitlement to be included in the electoral rolls and thereby the right to participate in the electoral process. It does not, however, operate to divest the individual of claims to citizenship, nor does it foreclose adjudication of that question by the competent authority under the Citizenship Act," CJI Surya Kant pronounced.
In cases where the Commission is not satisfied that a person fulfils the statutory conditions for inclusion in the electoral rolls, it would be incumbent upon the Commission to refer such an individual to the competent authority of the Union Government for adjudication in accordance with law. The Commission's determination, being confined to electoral purposes, cannot assume finality on the question of citizenship. Any deletion effected on this ground shall therefore remain subject to the outcome of adjudication by the competent authority.
