Overview
- The Election Commission said Article 326 permits inquiries into a person's citizenship solely to decide inclusion or deletion from electoral rolls.
- Counsel Rakesh Dwivedi told the bench that Electoral Registration Officers may strike off names found to be non-citizens for voting purposes.
- The Commission stressed that SIR-based deletions do not terminate citizenship or authorize deportation, which fall under the Citizenship Act.
- It argued that the burden to prove citizenship rests on the individual, and courts may overturn removals only for perverse or illegal procedure.
- The EC maintained its opinion on an MP or MLA’s citizenship binds the President or governor on disqualification, with the hearing set to continue on January 15 before CJI Surya Kant and Justice Joymalya Bagchi.