'EC Cannot Decide Who Is Citizen': SC Says Voter Deletion Does Not End Citizenship Status

Last Updated:July 18, 2026, 06:20 IST

The court said the poll body has authority over electoral rolls but is not the competent authority to decide citizenship under the law.

The Supreme Court on Friday observed that the Election Commission cannot determine whether a person is an Indian citizen and clarified that deletion of a name from electoral rolls during the Special Intensive Revision (SIR) process does not automatically result in loss of citizenship status.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana said the poll body has authority over electoral rolls but is not the competent authority to decide citizenship under the law.

“The Election Commission is not a constitutional authority concerning the determination of citizenship. There is no confusion in law. The Election Commission has control and superintendence over the electoral roll," the bench said while hearing a plea related to the West Bengal SIR exercise.

The court added that exclusion from voter lists does not, by itself, end a person’s citizenship. “The EC has control over electoral rolls. It can decide not to include someone. However, that does not result in loss of status of citizenship per se," the bench observed.

“We made it clear that EC has a corresponding duty that as soon as there is a decision (to exclude someone from electoral rolls), it (EC) has to refer to the Ministry (of Home) for adjudication under Citizenship Act. Unless that is done, status (as a citizen) must go on," it added.

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