Supreme Court Rules Election Commission Cannot Determine Indian Citizenship

The Supreme Court of India ruled on July 17, 2026, that the removal of a person's name from the electoral roll during a Special Intensive Revision (SIR) does not automatically result in the loss of Indian citizenship. A three-judge bench, led by Chief Justice Surya Kant, clarified that while the Election Commission of India (ECI) has superintendence over electoral rolls and may exclude individuals over doubts regarding their nationality, it lacks the constitutional authority to make final determinations on citizenship.

Justice Joymalya Bagchi stated that the ECI has a corresponding duty to refer such cases to the central government for adjudication under the Citizenship Act. The ruling emerged during a hearing on a public interest litigation filed by Prasenjit Bose, which alleged that the Government of West Bengal denied essential welfare benefits—including the Public Distribution System (PDS), Annapurna Yojana, and caste certificates—to millions of people deleted from the rolls.

Reports indicate over 58 lakh electors were excluded in West Bengal, with approximately 33.5 to 34 lakh appeals remaining pending before tribunals. The court has requested responses from the ECI and the West Bengal government, scheduling further hearings for August 25. The matter will be heard alongside other pleas, including a pending petition from former chief minister Mamata Banerjee, to address transparency and the appellate process.