Citizenship: Jurisdiction of Election Commission (EC)
Context:
The Supreme Court is hearing petitions challenging the Election Commission's (EC) move to deploy Booth Level Officers (BLOs) to determine the citizenship of voters during a Special Intensive Revision (SIR) of electoral rolls.
The Core Controversy:
Petitioners argue that the EC lacks the legal authority to determine citizenship.
They contend that determining whether a person is an Indian citizen falls exclusively under the domain of the Ministry of Home Affairs (MHA) or competent courts/tribunals.
The EC relies on its powers under Article 324 (superintendence, direction, and control of elections) and Section 21(3) of the Representation of the People Act (RPA), 1950, which allows it to direct a special revision of electoral rolls.
Statutory Framework:
RPA, 1950:
Requires a person to be 18 years of age and ordinarily resident to register as a voter.
Petitioners argue Aadhaar is sufficient to verify these details.
Citizenship Act, 1955 & Foreigners Act, 1946:
These are the specific statutes governing citizenship and illegal immigrants.
The EC's jurisdiction typically arises only when a specific objection is raised against an elector, not for en masse determination.
Role of BLOs:
Petitioners argue that BLOs (teachers) have no statutory authority or competence to adjudicate complex citizenship issues
The issue involves laws like the Prevention of Corruption Act and RPA disqualifications.