ECI orders probe into voting by foreign nationals in the Tamil Nadu Assembly election

The Election Commission of India (ECI) has ordered an investigation after foreign nationals were found to have voted in the recently concluded Tamil Nadu Leg...

What Happened

The Election Commission of India (ECI) has ordered an investigation after foreign nationals were found to have voted in the recently concluded Tamil Nadu Legislative Assembly election.
At least 25 foreign nationals — primarily Sri Lankan citizens, along with nationals holding British, Canadian, and Indonesian passports — were detained for illegally casting votes.
Reports were sought from returning officers of at least two cities and five districts across Tamil Nadu.
The incident is being examined in light of the Special Intensive Revision (SIR) of electoral rolls conducted by the ECI ahead of the elections, which aimed to weed out ineligible voters (deceased, relocated) and enrol new eligible voters.
Airport authorities across Tamil Nadu were alerted to identify passengers bearing indelible ink marks — an indicator of recent voting — which led to most detentions occurring at Chennai airport.
The probe seeks to determine how foreign nationals managed to get on the electoral rolls and cast votes despite the SIR process.

Static Topic Bridges

Voting Rights in India: Constitutional and Legal Framework

The right to vote in Indian elections is a constitutional right available exclusively to Indian citizens. This is established under Article 326 of the Constitution of India, which mandates that elections to the Lok Sabha and to the Legislative Assemblies of States shall be on the basis of adult suffrage — meaning every citizen of India who is not less than 18 years of age and is not disqualified under the Constitution or any law made by Parliament is entitled to be registered as a voter.

Article 326: Establishes adult suffrage as the basis for elections; citizenship is a fundamental prerequisite
Representation of the People Act, 1950 (RPA 1950): Governs the preparation, maintenance, and revision of electoral rolls; Section 16 explicitly disqualifies non-citizens from voter registration
Representation of the People Act, 1951 (RPA 1951): Governs the conduct of elections; Section 62 confers the right to vote only on persons registered in the electoral roll
Registration of Electors Rules, 1960: Prescribe the procedural framework for voter registration and revision of rolls
Non-citizens registering or voting in Indian elections is a criminal offence under the Indian Penal Code (now Bharatiya Nyaya Sanhita) — punishable with imprisonment and/or fine

Connection to this news: The detention of foreign nationals with indelible ink marks proves they voted — an act that is constitutionally impermissible under Article 326 and criminally punishable under RPA 1950 (Section 31 — making false statements for voter registration) and allied provisions.

Election Commission of India: Powers and Constitutional Status

The Election Commission of India is a constitutional body established under Article 324 of the Constitution of India. Article 324 vests in the ECI the power of superintendence, direction, and control of the preparation of electoral rolls, and the conduct of elections to Parliament, State Legislatures, and the offices of President and Vice-President.

Article 324(1): Superintendence, direction, and control of elections vested in the ECI
ECI is a multi-member body since 1989: currently comprises the Chief Election Commissioner (CEC) and two Election Commissioners
The Chief Election Commissioner can be removed only by impeachment — same process as a judge of the Supreme Court (Article 324(5))
Election Commissioners have the same service conditions as CEC, and CEC's concurrence is needed for their removal — post the Supreme Court ruling in Anoop Baranwal v. Union of India (2023)
Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 replaced the earlier executive appointment process with a committee-based selection (though contested)
ECI issues the Model Code of Conduct (MCC), which is not a statutory document but derives force from Article 324

Connection to this news: The ECI's authority to order a probe into returning officers' conduct flows directly from Article 324 — its superintendence power extends to identifying systemic failures in electoral roll preparation that allowed ineligible persons to vote.

Electoral Rolls: Preparation, Revision, and the Special Intensive Revision

The electoral roll (voter list) is the definitive register of all persons entitled to vote in a constituency. It is prepared and maintained under the Representation of the People Act, 1950 and the Registration of Electors Rules, 1960. Intensive Revision involves house-to-house survey and complete re-verification of all entries; Special Intensive Revision (SIR) is ordered for specific situations (such as in newly created constituencies, or when systematic defects are detected in rolls).

Electoral rolls are maintained constituency-wise by Booth Level Officers (BLOs), under the supervision of Electoral Registration Officers (EROs) — typically officers of the District Collector cadre
Form 6: Application for new voter registration; Form 7: Application for deletion; Form 8: Application for correction
The ECI conducts Summary Revision annually (typically October–January) and may order Intensive or Special Intensive Revisions as needed
SIR 2026 in Tamil Nadu aimed at removing names of deceased voters and permanently relocated persons, while enrolling newly eligible voters
The electoral roll publication is the critical step — once published, it is used as-is for the election; post-publication changes require a court order or ECI direction

Connection to this news: The SIR was meant to clean up the rolls before the Tamil Nadu election, yet foreign nationals remained registered — pointing to a failure at the BLO/ERO level in verifying citizenship documents during door-to-door survey or new registration processing.

Indelible Ink and Electoral Integrity Mechanisms

India uses indelible ink (silver nitrate-based) applied to the left index finger of voters at polling stations as a one-election anti-impersonation measure. It is applied immediately before a voter receives a ballot and is designed to be visible for several weeks. The ink was first used in the 1962 General Elections and is manufactured exclusively by Mysore Paints and Varnish Ltd (MPVL), a Government of Karnataka undertaking.

Indelible ink: silver nitrate (AgNO3)-based solution; becomes dark on exposure to sunlight/UV
Manufactured by: Mysore Paints and Varnish Ltd (MPVL), a Government of Karnataka PSU, under an ECI contract
Ink is applied to the left index finger of the voter after they receive the ballot paper (or before EVM voting)
Duration of visibility: approximately 2–4 weeks under normal conditions
The ink mark was used by airport authorities to identify persons who had recently voted — a real-world application of this anti-impersonation mechanism

Connection to this news: The indelible ink — a low-technology but effective integrity tool — proved paradoxically useful in this case as a detection mechanism at airports, enabling authorities to identify foreign nationals who had voted illegally.

Key Facts & Data

Foreign nationals detained: at least 25 (primarily Sri Lankan nationals; also British, Canadian, Indonesian passport holders)
Districts/cities under probe: at least 5 districts and 2 cities in Tamil Nadu
Constitutional provision for voting rights: Article 326 (adult suffrage, citizens only)
ECI constitutional basis: Article 324 (superintendence, direction, control of elections)
Key laws: Representation of the People Act, 1950 (electoral rolls); RPA, 1951 (conduct of elections); Registration of Electors Rules, 1960
Disqualification of non-citizens from voter registration: RPA 1950, Section 16
Right to vote restricted to registered voters: RPA 1951, Section 62
Indelible ink manufacturer: Mysore Paints and Varnish Ltd (MPVL), Government of Karnataka PSU
First use of indelible ink in Indian elections: 1962 General Elections
ECI composition: Chief Election Commissioner + 2 Election Commissioners (multi-member since 1989)
CEC removal process: same as Supreme Court judge (Articles 324(5) and 124(4))
Voting age: 18 years (reduced from 21 by the 61st Constitutional Amendment, 1988, effective 1989)
Tamil Nadu Legislative Assembly: 234 constituencies; elections held May 2026