Determining Citizenship Is Not ECI's Job, Says Former SC Judge Sudhanshu Dhulia

New Delhi: Former Supreme Court judge Sudhanshu Dhulia has said that citizenship was not a matter for the Election Commission of India (ECI) to decide. Speaking at an Indian Express event, he said the Supreme Court had, in several earlier judgments, held that determining citizenship was not the ECI’s responsibility.

Justice Dhulia, who retired from the Supreme Court in August 2025, said a voter must be a citizen, but determining citizenship was not the ECI’s job. He referred to his remarks during a July 2025 hearing on the Special Intensive Revision (SIR) of electoral rolls, then beginning with a "pilot" in Bihar.

Justice Dhulia said the petitioners before his bench had not sought a stay on the SIR and had only sought acceptance of Aadhaar and voter identity cards. The bench allowed these documents to be considered.

Also read: Essential Yesterday, Excluded Today: Bihar SIR Reveals EC's Confusion Over Aadhaar

He also described as “a serious matter” the Indian Express report that the two Election Commissioners had objected on record 14 times in 10 months to steps taken by the Chief Election Commissioner. He said the matter required caution because the circumstances were not fully known.

“If the decisions of the Election Commission of India were taking place with only the Chief Election Commissioner, the way it has been presented by the Indian Express, then it becomes a serious matter. But we do not know, and it’s too early for anyone to say…” the publication reported him as saying.

Concerning the 97 voters in Goa who were not restored to electoral rolls despite directions from the Chief Electoral Officer and a Supreme Court order that "logical discrepancy" cases must be heard before their names are struck off the rolls, Justice Dhulia said contempt of court required proof that an order had been violated deliberately and wilfully.

He said it was possible that instructions had been issued but not followed by "lower-level" officials.

Justice Dhulia had headed a vacation bench in July 2025 that declined to restrain the ECI from conducting the Bihar SIR. The bench also suggested considering Aadhaar, voter identity cards and ration cards for updating electoral rolls.

He later clarified that he had served as the vacation judge for only a day or two and had not heard the full arguments in the case.

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