Overview
- The Election Commission argued that Electoral Registration Officers are legally competent to assess citizenship for inclusion or deletion from electoral rolls under Article 326, the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960.
- Counsel for the EC said an adverse ERO finding is sufficient to keep a name off the rolls even if the Centre has not resolved questions of stay or deportation, which remain a separate executive function.
- The EC distinguished voter-roll scrutiny from the NRC, stressing that rolls are confined to citizens aged 18 and above and that the Commission has a constitutional duty to prevent foreigners from being registered as voters.
- The bench and counsel discussed how Articles 5–7 are transitional provisions, with ongoing citizenship questions guided by later statutory law such as Section 3 of the Citizenship Act.
- The EC cited other statutes requiring administrative checks on citizenship, including mining lease applications, and noted that in cases involving MPs or MLAs, its opinion on citizenship-linked disqualification binds the President or Governor.