SC: EC can delete doubtful voters, cannot decide citizenship
UPSC / SSC current affairs note · Polity
Why in news
The Supreme Court heard a PIL alleging that West Bengal is denying welfare benefits to people whose names were deleted from voter lists during special intensive revision (SIR) due to doubtful citizenship. The Court clarified that while the Election Commission can delete names from electoral rolls, it cannot determine citizenship status.
Background
The Election Commission conducted special intensive revision (SIR) of electoral rolls in West Bengal and Bihar to identify doubtful citizens. This led to deletion of names of many individuals, who then faced denial of benefits under schemes like PDS and Annapurna Yojana. Only about 1% of appeals against such deletions have been decided by appellate tribunals.
Key facts
Supreme Court bench led by CJI Surya Kant heard a PIL by Prasenjit Bose, chairperson of WB Pradesh Congress Committee.
SC held that EC has constitutional power to delete a person's name from voter list if citizenship is doubtful, but cannot determine citizenship.
SC directed EC to forward list of doubtful citizens to Union government, the competent authority for citizenship determination.
Petitioner stated 33 lakh people have filed appeals against deletion; only 30,000 appeals disposed, of which 70% were allowed.
West Bengal government had earlier said those who filed appeals would continue to receive ration and Annapurna benefits.
State also ordered reverification of caste certificates of persons whose names were deleted from voter list during SIR.
Only 1% of appeals have been adjudicated by appellate tribunals, raising concerns about prolonged denial of welfare benefits.
SC posted matter for further hearing on August 25.
Prelims pointers
- Election Commission of India (ECI) - constitutional body under Article 324
- Special Intensive Revision (SIR) of electoral rolls
- Public Distribution System (PDS)
- Annapurna Yojana - welfare scheme for senior citizens
- Article 324 - superintendence, direction and control of elections
- Citizenship Act, 1955 - determination of citizenship
- Calcutta High Court - appellate tribunals for voter list appeals
Mains angles
- GS2 Polity: Separation of powers - EC's role vs. Union government's role in citizenship determination
- GS2 Polity: Fundamental Rights - Right to equality (Article 14) and right to life (Article 21) in context of denial of welfare benefits
- GS2 Governance: Electoral reforms and issues in voter list revision
- GS2 Social Justice: Welfare schemes and exclusion of vulnerable groups