• It is a basic constitutional requirement that only Indian citizens can be registered as voters. Consequently, individuals who are not citizens are ineligible not only to vote but also to contest elections as legislators.
• In this context, it is surprising that some experienced politicians have objected to the Election Commission of India’s (ECI) Special Intensive Revision of electoral rolls in Bihar—where Assembly elections are due soon—on the grounds that citizenship verification should not be conducted. Such objections reveal a lack of understanding of constitutional provisions and the functioning of the electoral system.
• Article 324 of the Indian Constitution entrusts the ECI with the authority to supervise, direct, and control the preparation of electoral rolls and the conduct of elections.
• Article 326 further establishes that elections to the Lok Sabha and State Legislatures are based on adult suffrage, permitting only Indian citizens aged 18 and above—who are not otherwise disqualified—to vote. Therefore, a non-citizen is not legally eligible to be enrolled as a voter in any election.
• To operationalize these provisions, Parliament enacted the Representation of the People Act, 1950, which lays down rules for electoral roll preparation and constituency delimitation. The preamble of the Act states its purpose—to regulate seat allocation, voter qualifications, and electoral roll processes, as well as related electoral matters.
• Under Section 15, the preparation of electoral rolls is carried out under the oversight of the ECI. Section 16 outlines disqualifications for voter registration, specifically stating under subsection (1)(a) that non-citizens cannot be registered. Subsection (2) mandates the removal of any such names already included.
• Further, Section 20 defines who qualifies as an "ordinarily resident" in a constituency. Sections 21 to 24 cover how rolls are prepared, corrected, and updated. Section 24, in particular, allows aggrieved persons to appeal against inclusion or exclusion decisions.
• However, Section 23(3) imposes a restriction: no changes can be made to the electoral roll after the final date for filing nominations in an ongoing election.
• In summary, the legal and constitutional framework makes it unequivocally clear that only Indian citizens can be listed on the electoral rolls. Any erroneous inclusions can and must be rectified under the provisions of the 1950 Act

The Act is structured into several parts:

• Part-IIA covers the appointment of Electoral Registration Officers and their assistants.

• Part-IIB and Part-III concern electoral rolls for parliamentary and assembly constituencies, respectively.

2. Duties of Election Commission of India

• It is the Election Commission of India’s (ECI) constitutional obligation to verify electoral rolls for any inclusion of non-citizens if a complaint or doubt is raised. Simply put, the ECI and its officers have no legal authority to include a non-citizen in the voter list—doing so would be invalid from the start.
• Therefore, upon receiving a request for inclusion or a complaint indicating that a non-citizen has been registered, it becomes the ECI’s responsibility to conduct a proper investigation and, if confirmed, remove the non-eligible name.
• Failure to do this would amount to a dereliction of the ECI’s constitutional duties as prescribed under Articles 324 and 326 of the Constitution.
• Furthermore, to qualify as a Member of Parliament (MP) or Member of the Legislative Assembly (MLA), one must be an eligible voter—which necessarily requires Indian citizenship.
• A non-citizen cannot hold such public office. Article 102 of the Constitution outlines disqualifications for Parliament, while Article 191 does the same for State Legislatures. Specifically, Article 102(1)(d) disqualifies individuals who are not Indian citizens, who have acquired foreign citizenship, or who owe allegiance to a foreign nation.
• Article 191 mirrors these provisions for State assemblies. Thus, suggesting that a non-citizen can vote or contest elections contradicts both logic and constitutional law.
• In instances where citizenship is questioned, the burden lies on the individual to prove that they are Indian citizens under the requirements of the Citizenship Act, 1955.
• While Section 7A of this Act allows for the registration of Overseas Citizens of India (OCI), Section 7B(2) explicitly states that OCIs are not entitled to voting rights.
• In conclusion, both constitutional and statutory frameworks make it clear that only Indian citizens are eligible to be on electoral rolls, and any wrongful inclusion can be rectified by the ECI under Section 16(2) of the Representation of the People Act, 1950.
• Additionally, the Supreme Court's ruling in Dr. Yogesh Bhardwaj vs State of U.P. (1990) clarified that only lawful residence can be considered in determining eligibility.
• The Court observed that anyone staying in a country in violation of immigration laws cannot be treated as an ordinary resident for any legal entitlement, reinforcing the principle that legality of residence matters in both voting and other civil rights.