The Hindu Editorial Analysis
28 July 2025
Clearing the air on ‘citizenship’ in Bihar poll roll revision
(Source – The Hindu, International Edition – Page No. – 8)
Topic : GS Paper II – Polity and Governance (Electoral Reforms, Citizenship)
GS Paper II – Indian Constitution (Fundamental Rights, Election Commission of India)
Context
A controversy arose during the revision of electoral rolls in Bihar, with objections raised against verifying the citizenship of electors. The article defends the Election Commission of India’s (ECI) stance, asserting that only citizens of India are eligible to be enrolled as voters, and that verifying citizenship is not only legal but also constitutional.
Key Constitutional and Legal Provisions
1. Article 326 of the Constitution:
- Elections to the Lok Sabha and State Legislatures are based on adult suffrage.
- Every citizen of India aged 18+ has the right to vote, unless disqualified by law.
2. Representation of People Act (RPA), 1950:
- Section 16: A person not a citizen of India is not entitled to be registered as a voter.
- Section 23: Electoral registration officers may verify, include, or delete names based on rules and complaints.
3. Citizenship Act, 1955:
- Specifies how citizenship is acquired and who is not a citizen.
- Section 7B(2): Clearly states only Indian citizens can vote.
Core Arguments Made in the Editorial
1. Citizenship Verification is Legally Mandated
- Objections to ECI’s actions are unfounded, as only citizens can vote.
- If a non-citizen’s name appears, it is void and should be removed.
2. Aadhaar ≠ Citizenship
- The Aadhaar Act, 2016:
- Confers no right of citizenship.
- Only serves as identification for residents.
- A person may have Aadhaar and still not be a citizen.
3. Complaints about Non-Citizens
- If someone finds a non-citizen enrolled, they can file a complaint under the RPA.
- ECI has full authority to verify and delete such names.
4. Legal Precedent
- Supreme Court in D.P. Wadhwa v. Union of India (1993) held that:
- Electoral officers must ensure that only those lawfully entitled are included.
- Inclusion of a non-citizen’s name is null and void.
The Bihar Angle
- As part of the preparation for Assembly elections, the ECI issued directions for special intensive revision of electoral rolls in Bihar.
- Citizenship verification is a legitimate and essential part of this revision.
- Criticism from some political quarters reflects a poor understanding of the Constitution and election laws.
Key Takeaways for UPSC
| Theme | Insight |
|---|---|
| Electoral Integrity | Only Indian citizens can vote; verification strengthens democratic process |
| Legal Foundation | Article 326 + RPA 1950 + Citizenship Act = Full legal support to ECI’s action |
| Aadhaar Limitation | Aadhaar is not proof of citizenship; cannot be sole basis for electoral inclusion |
| Role of ECI | Supreme authority under Article 324; can inquire, verify, include or delete entries |
| Bihar Context | Political objections unfounded; ECI following legal mandate during roll revision |
Conclusion
Verifying citizenship during electoral roll revision is not only constitutional but necessary to protect the integrity of Indian democracy. Misplaced political criticism must not dilute ECI’s constitutional mandate to ensure only legitimate citizens are part of the electoral process.