SIR scrutiny only for voter rolls, not deportation: EC

NEW DELHI: Election Commission connected Tuesday told Supreme Court that scrutiny of citizenship during SIR of elector lists was lone meant to guarantee deletion of non-citizens from electoral rolls and did not widen to termination of citizenship oregon deportation.

EC, done elder advocator Rakesh Dwivedi, told a seat of Chief Justice Surya Kant and Justice Joymalya Bagchi that Article 326 of the Constitution mandated that lone Indian citizens were entitled to beryllium included successful the electoral rolls.For this intent and this alone, EC was entitled to inquire and reason whether a idiosyncratic was an Indian citizen, entitling him to beryllium a voter. "If a idiosyncratic is recovered not to beryllium a national of India by EC, past his sanction volition either not beryllium included successful the elector database or, if it is there, past it would beryllium struck off," helium said.Dwivedi said nary idiosyncratic with a shadiness of uncertainty implicit citizenship could beryllium included successful the elector list. However, specified a determination by the Electoral Registration Officer (ERO) would not automatically effect successful a declaration that s/he was not a national of India - which was the domain of the competent authorities. "The ERO's decision astir a voter's citizenship being doubtful and the resultant removal of his sanction from the elector database tin beryllium acceptable speech by a tribunal of instrumentality lone if it finds that the process adopted for specified determination was perverse and illegal," helium said.

"Under the SIR exercise, the citizenship of an idiosyncratic for the purposes of Citizenship Act, 1955, volition not terminate connected relationship of the information that he/she is held to beryllium ineligible for registration successful the electoral rolls," EC said.Since the documents that could beryllium utilized to found citizenship were wrong a idiosyncratic knowledge, the load of impervious laic with the individual, it said.Dwivedi said erstwhile doubts arose astir an elected representative's citizenship, the President oregon the politician was constitutionally bound by EC's sentiment connected whether the MP oregon MLA had incurred disqualification implicit being a non-citizen. This meant EC had the powerfulness to inquire into citizenship of MPs oregon MLAs if doubts arose, helium said.Arguments successful the substance volition resume Thursday.