Bihar SIR judgment clarifies citizenship benefits after electoral roll deletion: SC

The Supreme Court on Tuesday (August 25) orally stated that it has made it clear in the Bihar SIR judgement that deletion of an individual’s name from the electoral roll will not result in the loss of his other citizenship benefits.

The remarks were made during the hearing of a plea regarding the West Bengal SIR by the bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana.

Appearing for the petitioners, senior advocate Rauf Rahim urged the bench to pass an order that there should not be such “ripple effect” following deletion of name from the electoral roll due to SIR.

Court reiterates Bihar SIR position

The bench declined to pass any such order. The CJI stated that the court was only focused on issues related to pending appeals in the tribunals, adding that other issues can be raised before the High Court.

Also Read: SIR effect: Bengal, Bihar to bar deleted names from welfare schemes

"We have already clarified our position. In the Bihar SIR judgment, we had made clear that what is the [...] and the exclusion from the voters list qua rights of an individual in social security schemes", Justice Bagchi stated as quoted by Live Law.

'Citizenship rights beyond electoral rolls'

In the Bihar SIR judgment, the Supreme Court had observed that the Election Commission cannot decide a person’s citizenship, adding that conclusions reached by it after the SIR would be relevant only for electoral purposes.

Also Read: Bengal SIR fiasco continues as tribunals clear just 0.26 pc of around 25L appeals

"The Commission is empowered, in the exercise of its constitutional mandate, to undertake a limited enquiry into citizenship for the purpose of satisfying itself as to eligibility for inclusion in the electoral roll. Such an enquiry does not amount to a determination of citizenship in the strict sense, and any action taken pursuant thereto is confined to electoral consequences alone,” stated the judgment.

“The consequence of such a determination is correspondingly limited. It affects the individual's entitlement to be included in the electoral roll, and thereby their right to participate in the electoral process. It does not, however, operate to divest the individual of claims of citizenship, nor does it foreclose a determination of that question by the Competent Authority under the Citizenship Act,” it added.

What the CJI said

The CJI during Tuesday's hearing said that even if one's name is removed from the electoral rolls, he or she will still be entitled to certain benefits.

"Even if your name is removed from the electoral roll, you are entitled to certain benefits. But those benefits can be granted by the High Court very well...Tomorrow, if your appeal is allowed, entire exercise becomes academic,” stated the CJI during Tuesday’s hearing.