The Legal and Constitutional Challenges of Determining Citizenship and Electoral Rolls in India
This article explores the conflict between the Election Commission of India's (ECI) Special Intensive Revision (SIR) of electoral rolls and the Ministry of Home Affairs' (MHA) authority over citizenship. While the ECI argues it must verify eligibility for enrollment, critics suggest only the MHA has the legal power to determine citizenship. The discussion touches upon the Citizenship Act of 1955, the National Register of Citizens (NRC), and the National Population Register (NPR). It highlights the administrative burden on individuals to prove citizenship, particularly in Assam, where the NRC process has left many in a state of 'doubtful citizenship.'
Key Points
- The ECI's Special Intensive Revision (SIR) is being legally challenged for potentially overstepping into citizenship determination.
- Under the Citizenship Act of 1955, the power to determine citizenship rests primarily with the Union Ministry of Home Affairs.
- The National Population Register (NPR) was last updated in 2015 with details of 119 crore residents.
- Assam remains the only state with a draft NRC, which has resulted in 19 lakh residents being excluded.
Exam Facts
- Citizenship Act of 1955.
- Section 6A of the Citizenship Act (inserted via Assam Accord).
- 19 lakh residents excluded from the Assam NRC.
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