New Delhi: Removal from electoral roll does not mean loss of citizenship, the Supreme Court has once again made it clear while hearing a petition related to the Special Intensive Revision (SIR) of voter lists in West Bengal. The Court said that the Election Commission of India (ECI) cannot decide whether a person is an Indian citizen. If there is any doubt about a person’s citizenship, the ECI must send the case to the Central Government for a final decision under the Citizenship Act.
Details of Supreme Court Ruling on Voter List Deletion
The Supreme Court reaffirmed that deleting a person’s name from the electoral roll does not automatically cancel their Indian citizenship. A Bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohan said the Election Commission only manages electoral rolls. It does not have the legal authority to decide citizenship. The Court referred to its earlier Bihar SIR judgment, where it had already clarified this legal position.
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Court Directives on Supreme Court Ruling on Voter List Deletion
During the hearing, Justice Joymalya Bagchi said that the Election Commission is not a constitutional authority to determine citizenship. The Court explained that:
- The ECI can remove a person’s name from the voter list if required under election laws.
- However, it cannot declare that the person is no longer an Indian citizen.
- If the ECI believes someone’s citizenship is doubtful, it must send the matter to the Central Government for a legal decision under the Citizenship Act.
This means that removal from the voter list alone does not take away a person’s citizenship.
Why Is This Case Important
The hearing was related to the Special Intensive Revision (SIR) of electoral rolls in West Bengal. The petition asks the Supreme Court to make the appeal process easier for people whose names have been removed from voter lists.
The petitioner also wants greater transparency in the SIR exercise so that affected voters can easily understand and challenge decisions.
34 Lakh Appeals Still Pending
Senior Advocate Gopal Sankaranarayanan, appearing for the petitioner, informed the Court that nearly 34 lakh appeals are pending before 19 Appellate Tribunals. According to the submissions:
- Around 38,000 appeals have been decided.
- A large number of those appeals were allowed.
- Millions of people are still waiting for their cases to be heard.
The petitioner argued that delays are causing serious problems for affected citizens.
Petition Raises Concerns Over Welfare Benefits
The petitioner also told the Court that some people whose names were removed from electoral rolls are facing problems in getting government welfare benefits while their appeals remain pending. These include:
- Public Distribution System (PDS) benefits
- Government welfare schemes
- Caste certificates
- Other public services
The Court reiterated that deletion from the electoral roll does not automatically affect citizenship or other legal rights.
Petition Seeks Easier Appeal Process
The petition, filed by Advocate-on-Record Neha Rathi, seeks several reforms to make the appeal system more citizen-friendly. The key demands include:
- Video conferencing for appeal hearings.
- Hearing notices at least seven days before the hearing.
- A fixed timeline for deciding appeals before elections.
- Simple appeal guides in Hindi, Bangla, and English.
- Permission for all affected voters to file appeals, regardless of the stage at which their names were removed.
The petitioner says these changes will make the process easier for ordinary citizens.
Supreme Court Ruling on Voter List Deletion: Demand for Greater Transparency
The petition also asks the Election Commission to publish more information about the SIR process. It seeks:
- Assembly constituency-wise data on Form 6 and Form 7 applications.
- Number of applications accepted and rejected.
- Number of pending appeals before Appellate Tribunals.
- Publication of the Standard Operating Procedure (SOP) used during the SIR exercise.
The petitioner believes that making this information public will improve transparency and public trust.
Supreme Court Ruling on Voter List Deletion: Court Re-Lists the Matter
After hearing all submissions, the Supreme Court decided to list the matter again along with other petitions challenging the West Bengal SIR exercise. The Court has not changed its legal position and once again clarified that removal from the electoral roll affects voting rights only and does not automatically result in the loss of Indian citizenship.
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