Those not in 2003 poll roll may use parents’ names, says EC
ECI allows those not on the 2003 electoral roll in Bihar to use parents' names as proof during revision, amid concerns over illegal immigration.
The Election Commission of India (ECI) said on Monday that people whose names are not in the 2003 electoral roll may use the extract of their parents’ names as proof of birth and address during the special intensive revision in Bihar, but didn’t mention the presence of illegal immigrants as one of the reasons behind the controversial exercise.
In a statement, the Commission underlined that the person has to submit only their self-attested document as part of the enumeration form, and appeared to justify its decision to undertake the revision, which the Opposition has alleged is a back door for the National Register of Citizens.
“Only the relevant extract/details of the 2003 ER would be sufficient. Such electors would have to submit the documents, only for themselves, along with the filled-up enumeration form,” ECI said.
“This exercise is required as the electoral roll is always a dynamic list which keeps changing due to deaths, shifting of people due to various reasons such as migration due to occupation/education/marriage, addition of new voters who have turned 18 etc,” the statement added.
Under the SIR exercise, the first in the state since 2003, voters have to give documents to prove their date and place of birth along with the forms being distributed in all districts – if their name doesn’t figure in the 2003 rolls. There are a total of 11 documents an elector can provide as attachment with the self-declaration form to establish the date of birth and/or place of birth.
The poll watchdog has said that the exercise will eventually be carried out nationwide.
Though ECI has clarified that voters can submit forms without any documents at the draft stage and can have their names enrolled, officials indicate it is in the interest of the electors to submit any one of the documents so that they can be enrolled easily.
In a model enumeration form, ECI said June 24 that people born before July 1, 1987, will have to prove their date and place of birth, but no parental documents will be required. For those born between 1987 and 2004, in addition to the proof of date and/or place of birth, the mother or father’s documents will be required. For those born after December 2, 2004, proof of date and/or place of birth of both parents will be needed, apart from the documents of the elector.
These cut-offs –– 1987 and 2004 –– reflect shifts in how citizenship by birth is recognised in India, through specific amendments to the Citizenship Act, 1955.
In 1986, the Act was amended. Until then, anyone born in India was automatically considered an Indian citizen, no matter where their parents were from. But with rising concerns about illegal immigration from Bangladesh, especially into Assam and other northeastern states, the government decided to tighten the rules. This change was part of the response to the Assam Accord of 1985, which was signed to address fears that migrants were changing the region’s population balance. The amendment came into effect on July 1, 1987. After that date, you could be considered an Indian citizen by birth only if at least one of your parents was an Indian citizen
The Citizenship Act, 1955 has been amended multiple times – occurring in 1985, 1986, 1992, 2003, 2005, 2015, and 2019.
The first amendment, in 1985, was enacted in the context of the Assam Accord. It inserted Section 6A into the Act, creating a special legal framework for determining the citizenship status of people in Assam, including migrants, based on specific cut-off dates.
The second amendment, in 1986, sought to restrict automatic citizenship by birth. Accordingly, it introduced a new rule: anyone born in India after July 1, 1987 would be considered an Indian citizen only if at least one parent was an Indian citizen at the time of their birth. The amendment came amid growing concerns about illegal immigration –– particularly from Bangladesh.
In 2003, another amendment introduced the idea that both parents needed to be Indian citizens, or one should be a citizen and the other not an illegal migrant. It also introduced the concept of Overseas Citizenship of India (OCI) for persons of Indian origin living abroad –– excluding nationals from Pakistan and Bangladesh. Additionally, this amendment empowered the central government to prepare a National Register of Citizens (NRC).
The last amendment, in 2019, aimed at granting Indian citizenship to non-Muslim religious minorities from Pakistan, Bangladesh, and Afghanistan, who entered India on or before December 31, 2014.
