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Ex-judge says citizenship is not ECI's job
The Indian Express··28 Sept
Former Supreme Court judge Sudhanshu Dhulia said the court has held in several judgments that citizenship is not the Election Commission of India's job. He retired in August 2025 and called it a serious matter that two Election Commissioners objected on record 14 times in 10 months to the Chief Election Commissioner's steps, as The Indian Express reported.
Prism
What It Means For You
- Dhulia said a voter must be a citizen, but he questioned the enormous conditions imposed during electoral roll updates.
- His July 2025 vacation bench declined to restrain the ECI from proceeding with the SIR in poll-bound Bihar.
- The bench suggested the panel consider Aadhaar, voter ID and ration cards when updating rolls.
What's Happening
- At an Idea Exchange Friday he defended saying citizenship is determined by the Ministry of Home Affairs, not the ECI.
- He said nobody had asked for a stay in that hearing and the bench only allowed Aadhaar and voter cards to be accepted.
- On 97 Goa voters not restored to rolls, he said contempt requires deliberate and wilful disobedience of a court order.
What the SIR bench did
- Justice Dhulia headed the bench with Justice Joymalya Bagchi during the July 2025 vacation hearings.
- Petitions had voiced concerns over the special intensive revision of electoral rolls in Bihar.
- He said it is too early for anyone to conclude how Election Commission decisions were taken.
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