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Congress Escalates Attack on CEC Over Citizenship Checks
Congress is criticizing the Election Commission over a review of voter lists called the Special Intensive Revision.
Jairam Ramesh says the Election Commission should not decide who is a citizen.
He cited former judge Sudhanshu Dhulia, who made a similar argument.
Congress also says the review could remove many eligible voters from the lists.
The Election Commission says it did not change the main Form 6 voter application.
Instead, it added a separate citizenship declaration for the review.
The Supreme Court has said the Commission can make a limited check when deciding whether someone may vote.
However, the court said that check does not decide a person’s citizenship permanently.
The two sides disagree about how far the Election Commission’s powers should extend.
Congress leader Jairam Ramesh demanded Chief Election Commissioner Gyanesh Kumar’s resignation over the Special Intensive Revision.
Ramesh cited former Supreme Court judge Sudhanshu Dhulia’s view that determining citizenship is not the Election Commission’s job.
The Election Commission says the citizenship declaration is a separate SIR annexure, not a change to Form 6 itself.
The Supreme Court has said the Election Commission may conduct a limited citizenship inquiry for electoral eligibility, but cannot make a final citizenship determination.
Congress called the SIR process a disaster and said measures for 5.43 crore at-risk voters would not prevent mass disenfranchisement.
- Who
- Congress general secretary Jairam Ramesh, Chief Election Commissioner Gyanesh Kumar, the Election Commission, former Supreme Court judge Sudhanshu Dhulia, and the Supreme Court.
- What
- Congress demanded Gyanesh Kumar’s resignation and challenged the Election Commission’s role in checking citizenship during the Special Intensive Revision of electoral rolls.
- Where
- The remarks were made in India, with the latest political statements issued from New Delhi; the cited Supreme Court judgment concerned Bihar’s SIR.
- When
- The latest remarks were made on Monday, September 28, after a week of controversy and a preceding Saturday statement by the Election Commission.
- Why
- Congress alleges that the SIR process and related changes could disenfranchise voters, while the Election Commission says its actions concern electoral-roll eligibility rather than final citizenship determination.
Congress and Critics
Election Commission and Court Position
Authority to examine citizenship
Congress and Critics
Congress, citing Sudhanshu Dhulia, says determining citizenship is not the Election Commission’s constitutional responsibility and should be governed by the Citizenship Act.
Election Commission and Court Position
The Supreme Court said the Election Commission can conduct a limited inquiry into citizenship when determining eligibility for electoral-roll inclusion, although it cannot make a final citizenship ruling.
Form 6 and voter eligibility
Congress and Critics
Congress alleges that the citizenship-related changes and other actions could disenfranchise voters, including young or Gen Z voters.
Election Commission and Court Position
The Election Commission says Form 6 itself was not changed and that the citizenship declaration was added as a separate annexure under SIR orders.
Impact of the SIR process
Congress and Critics
Congress describes the exercise as a disaster and says measures for deleted or at-risk voters will not prevent mass disenfranchisement.
Election Commission and Court Position
The Election Commission has defended the SIR process and said its orders received unanimous consent from all three commissioners; it also said Form 6 updates were upheld by the Supreme Court.
Key facts
- Main demand
- Congress called for the resignation of Chief Election Commissioner Gyanesh Kumar.
- Contested process
- The dispute concerns the Special Intensive Revision of electoral rolls.
- Citizenship law
- Jairam Ramesh said citizenship is determined under the Citizenship Act, 1955, as amended by Parliament.
- Supreme Court position
- The court said the Election Commission may conduct a limited citizenship inquiry for electoral eligibility, but that inquiry cannot make a final citizenship determination.
- Form 6 dispute
- The Election Commission said the citizenship declaration was a separate annexure under SIR orders and that Form 6 itself was unchanged.
- Voters cited
- Congress said 5.43 crore voters were at risk of deletion and that booth-level officers would visit their homes.
- Commission disagreements
- The Indian Express reported that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi objected at least 14 times over 10 months to SIR-related decisions.
Quotes
Jairam Ramesh
Congress general secretary in charge of communications
“The first step in the long road to reclaiming our democracy is the resignation of the CEC who is both a front for the diabolical PM-HM (Narendra Modi-Amit Shah) duo and an affront to the Constitution of India.”
theprint.in
telegraphindia.com
“Citizenship is determined under the Citizenship Act, 1955 as amended by Parliament from time to time.”
telegraphindia.com
Sources
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