Top court clarifies powers of Election Commission in maintaining voter rolls
August 11, 2025 — The Supreme Court of India has ruled that while the power to determine and grant citizenship lies solely with Parliament, the Election Commission of India (ECI) holds the authority to include eligible citizens and remove non-citizens from the electoral rolls.
In its judgment, the court emphasized that the Representation of the People Act empowers the ECI to ensure that only qualified citizens are registered as voters. The bench noted that this responsibility includes verifying claims, addressing objections, and taking corrective measures when non-citizens are found in the voter list.
The ruling came while hearing a case related to alleged inclusion of ineligible voters in certain constituencies. The court clarified that the ECI’s role is administrative and regulatory in nature, aimed at maintaining the purity of the electoral process, whereas the question of who is a citizen remains a matter of legislation under Parliament’s exclusive jurisdiction.
Legal experts say the judgment reinforces the separation of powers while also underlining the ECI’s duty to safeguard the integrity of elections by ensuring that only citizens can participate in the democratic process.