The Supreme Court of India on Thursday, March 17, 2022, directed the Election Commission of India (EC) to provide comprehensive data on the number of voters who have been deleted from electoral rolls due to issues concerning their citizenship. The directive came during the hearing of a Public Interest Litigation (PIL) filed by advocate Ashwini Kumar Upadhyay.

A bench comprising Justices D.Y. Chandrachud and Surya Kant issued the instruction, asking the EC's counsel, Siddhartha Sharma, to compile and submit this empirical data. The court specifically sought information on voters removed from the rolls over citizenship-related disqualifications. The Election Commission has been granted a three-week period to gather and present the requested information.

The PIL filed by Upadhyay seeks a directive for the Election Commission to remove "illegal immigrants" from the country's voter lists. The petition argues that the presence of such individuals on electoral rolls undermines national security and places undue strain on government resources and benefits intended for legitimate citizens. It also advocates for the linking of Aadhaar numbers with voter identification cards as a measure for authenticating voters and preventing fraudulent registrations.

Key arguments and details presented in the PIL include:

  • The petitioner contends that "infiltrators" from Bangladesh and Myanmar have significantly impacted the demographic and socio-economic landscape of various states.
  • Specific mention was made of states such as Assam, West Bengal, and Jammu & Kashmir, where the presence of non-citizens on voter rolls is alleged to be particularly prevalent.
  • The PIL references Section 16 of the Representation of the People Act, 1950, which outlines the disqualifications for registration in electoral rolls, including non-citizenship.
  • It asserts that these alleged "illegal immigrants" are obtaining government documents and benefits designed for Indian citizens, including rations, jobs, and educational opportunities.

During previous proceedings, the Election Commission had submitted an affidavit stating that it does not possess the authority to determine an individual's citizenship status. The EC clarified its role is primarily to manage electoral processes based on existing legal frameworks and information provided by other competent authorities. The Supreme Court's current directive aims to quantify the issue by requiring the EC to provide data on deletions already made based on citizenship concerns, rather than tasking it with new citizenship determinations.

The next steps will involve the Election Commission compiling the mandated data within the stipulated three-week timeframe. The Supreme Court will then review this submission as it continues to hear the PIL concerning the integrity of India's electoral rolls and the authentication of voters.