ECI Orders Probe into Voting by Foreign Nationals in Tamil Nadu Elections
The Election Commission of India (ECI) ordered an inquiry after foreign nationals — including Sri Lankan, British, Canadian, and Indonesian passport holders — were found to have voted in the recently concluded Tamil Nadu Assembly elections.
Reports were sought from returning officers of at least two cities and five districts across the state to determine how these individuals bypassed the Special Intensive Revision (SIR) process for electoral rolls.
At least 25 foreign nationals were detained at airports while attempting to leave the country; authorities identified them by indelible ink marks on their index fingers, indicating they had recently voted.
The incident raises fundamental questions about the integrity of electoral roll preparation and the verification processes employed during roll revisions.
Article 324: Superintendence and Control of Elections
Article 324(1) of the Constitution vests the superintendence, direction, and control of the preparation of electoral rolls and the conduct of elections to Parliament, State Legislatures, and to the offices of the President and Vice-President in the Election Commission of India.
ECI's power to order probes into electoral roll irregularities flows directly from Article 324 — it is the apex constitutional authority over electoral processes, including roll preparation.
Article 326: Adult Suffrage and Voter Eligibility
Article 326 provides that elections to the Lok Sabha and to the Legislative Assemblies of every state shall be on the basis of adult suffrage — that is, every citizen who is not less than 18 years of age and is not otherwise disqualified shall be entitled to vote.
Foreign nationals who voted violated the constitutional mandate of Article 326, which restricts voting rights exclusively to Indian citizens.
Representation of the People Act, 1950: Electoral Rolls and Disqualification
Part III of the Representation of the People Act, 1950 governs the preparation and maintenance of electoral rolls. Section 16 of the Act lists grounds for disqualification from registration on an electoral roll.
Registration of foreign nationals on electoral rolls is a direct violation of Section 16(1)(a) of the RPA 1950, making any vote cast by them both unlawful and constitutionally impermissible.
Special Intensive Revision (SIR) of Electoral Rolls
Special Intensive Revision (SIR) is an extraordinary process — distinct from Annual Summary Revision — through which the ECI undertakes a comprehensive, house-to-house verification of electoral rolls. It is ordered when systematic errors, large-scale deletions, or additions require immediate remediation.
The ECI had conducted an SIR before the Tamil Nadu Assembly elections specifically to clean up rolls. The breach of foreign nationals slipping through despite an SIR underscores lapses in the physical verification process and raises questions about document authentication at the field level.
Indelible Ink and Election Integrity Mechanisms
Indelible ink — applied to the left index finger of voters — is a key anti-impersonation mechanism mandated by ECI. It is supplied exclusively by the Mysore Paints and Varnish Limited (a Government of Karnataka enterprise).
Key Details
- The ink is a silver nitrate-based formulation that stains skin for several weeks, making repeat voting visible.
- It was first used in Indian general elections in 1962.
- Identification of foreign nationals via ink marks at airports was the operational breakthrough in this case.
The indelible ink system, while designed to prevent domestic impersonation, inadvertently provided the evidentiary trail that exposed cross-border electoral fraud in this instance.
- Foreign nationals detained: At least 25, including Sri Lankan, British, Canadian, and Indonesian nationals.
- Detection method: Indelible ink marks on index fingers identified at airports as suspects attempted to depart.
- Constitutional basis for voter eligibility: Article 326 — citizens aged 18 and above.
- Statutory disqualification for foreign nationals: Section 16(1)(a), Representation of the People Act, 1950.
- ECI's constitutional authority: Article 324 of the Constitution.
- ECI appointment framework: Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
- SIR vs Annual Summary Revision: SIR involves house-to-house physical verification; Annual Summary Revision processes form-based claims.
- Indelible ink supplier: Mysore Paints and Varnish Limited (Government of Karnataka enterprise), in use since 1962.