Kerala’s Nativity Card Bill

Why in News?

The Kerala Assembly has referred the Kerala Nativity Card Bill, 2026 to the Subject Committee on Land Revenue and Devaswom. The Bill seeks to provide legal backing to the State government’s proposal to issue a Nativity Card as an authoritative identity proof for Keralites.

What is a Nativity Card?

• Background – The move comes in the backdrop of the Special Intensive Revision (SIR) of electoral rolls undertaken by the Election Commission of India, which has triggered concerns and debates over citizenship and identity documentation across the country.
• Context At a time when issues relating to identity, citizenship, and documentation have led to socio-political debates in various parts of India, the Government of Kerala has proceeded with the proposal to introduce a legally valid ‘Nativity Card.’
• The State Cabinet had granted in-principle approval to the proposal on December 24, 2025.
• The Bill was tabled in the Assembly session that resumed on February 23, 2026.
• The Revenue Department, in consultation with the Law Department, drafted the legislation to provide statutory validity to the card.
• The Bill aims to transform an existing administrative document (nativity certificate) into a legally recognized, permanent identity instrument.
• Proposed Nativity Card – It is a permanent identity document establishing one’s identity as a native of Kerala.
• Modelled on the existing nativity certificate issued by the Revenue Department.
• Equipped with the beneficiary’s photograph.
• Designed to be legally valid and authoritative.
• Currently, nativity certificates are issued based on government orders, not statutory law.
• Proposed legislation – It seeks to:
  • Provide a clear legal framework.
  • Standardize eligibility conditions.
  • Ensure uniformity and permanence in documentation.
• The government also envisions the card as promoting a sense of pride in being both an Indian citizen and a Keralite.

What are the Objectives and Benefits of the Nativity Card?

• Legal Backing – To provide statutory validity to nativity identification, replacing reliance on executive orders.
• Permanent Identity Proof – Unlike nativity certificates that must be repeatedly obtained for various purposes, the Nativity Card will function as a consolidated, permanent document.
• Access to Government Services – The card will serve as:
  • A beneficiary identification document.
  • A proof for availing State government services, assistance schemes, and social requirements.
• Administrative Efficiency
  • Reduces duplication of documentation.
  • Streamlines verification procedures.
  • Enables better record maintenance at the taluk level.

What is the eligibility?

• Definition of ‘Native’ – The Bill defines a ‘native’ as:
  • A person born in Kerala who has not accepted foreign citizenship.
  • A person with a Kerala-born ancestor who has not accepted foreign citizenship.
  • A person born outside Kerala to parents or ancestors who were outside the State for work or livelihood-related reasons and who have not obtained foreign citizenship.
• Ineligibility – Individuals who have relinquished Indian citizenship.
• If a cardholder subsequently acquires foreign citizenship, the Nativity Card becomes null and void.
• This clause seeks to align the card strictly with Indian citizenship status.

What is the Application Process?

• Application Authority – Applications must be submitted in the prescribed format.
• The Tahsildar is the designated authority to sanction the card.
• Procedure – Submission of supporting documents and prescribed fee.
• Applications to be processed within a fixed time frame.
• A register of issued cards to be maintained at the taluk office.
• Updates and Corrections – Cardholders may apply for changes with supporting documents.
• In case of loss, damage, or destruction, a duplicate card may be issued after verification and payment of a fee.
• Appellate Mechanism – The Bill establishes a multi-tier grievance redressal system:
  • First Appeal – Revenue Divisional Officer (RDO) against rejection by the Tahsildar.
  • Revision Petition – District Collector against the RDO’s decision.
• The Collector may review, modify, or cancel the order after providing the applicant an opportunity to be heard.
• Penal Provisions – Furnishing false information may attract:
  • Imprisonment up to three months, or
  • Fine up to ₹5,000, or
  • Both.
• Timeline for Implementation – After passage by the Kerala Assembly:
  • The Bill must receive the Governor’s assent to become an Act.
  • Rules will be framed.
  • Software and administrative systems will be developed.
• The government aims to begin issuing cards before the completion of its current term.

What are the Constitutional and Governance Dimensions?

• Federalism – Identity documentation is often linked to citizenship (Union List – Entry 17).
• However, residency and welfare delivery fall within the State’s administrative domain.
• Raises questions about the scope of State power vis-à-vis citizenship.
• Administrative Reforms
  • Digitisation and consolidation of identity records.
  • Standardisation of eligibility and procedures.
  • Improved service delivery mechanisms.
• Socio-Political Context
  • Emerges amid national debates on identity, documentation, and electoral rolls.
  • Could influence discussions on domicile, migration, and welfare targeting.

What lies ahead?

• The Kerala Nativity Card Bill represents a significant administrative initiative aimed at institutionalising nativity identification through statutory backing.
• While primarily conceived as a welfare and administrative reform measure, its introduction amid national debates on citizenship and electoral verification gives it broader political and constitutional relevance.

Reference

The Hindu| Kerala’s Nativity Card Bill

Independence of the Election Commission

Why in News?

In recent times, the fairness of the electoral process in India has been under question for many reasons, culminating in a resolution by the Opposition alliance to remove the Chief Election Commissioner (CEC).

What are the present issues?

• Background – In June 2025, the Election Commission of India (ECI) ordered a Special Intensive Revision (SIR) of Bihar’s electoral rolls.
• During this exercise, about 65 lakh names were deleted from the voter list which was challenged in the Supreme Court.
• Allegations – The issue of alleged ‘vote theft’, and the manipulation of electoral rolls in the SIR.
• It has been alleged that the Election Commission (EC) has allowed massive irregularities in voter lists, specifically targeting minority and Opposition-supporting voters.

Adult franchise as provided in Article 326 of the Constitution is the bedrock of democracy. Any procedural impropriety would affect its merit and sanctity. 

What is Constitutional & Legal Basis of Election Commission?

• Constitutional Basis – Article 324 of the Constitution establishes a permanent Election Commission.
• It grants the Commission with powers of superintendence, direction, and control over elections to the President, Vice-President, Parliament, and State legislatures.
• Election Commission (EC) – Article 324 establishes the Election Commission (EC) with
  • A CEC,
  • Other Election Commissioners &
  • Provision for Regional Commissioners.
• Evolution of the Commission – In 1989, the commission was made multi-member but the two additional posts were abolished in 1990.
• Again, on October 1, 1993, EC permanently made multi-member under Article 324(2), which was validated by the Supreme Court in T. N. Seshan versus Union of India (1995). 
• Article 324 (3) – Provides that when any Election Commissioner is so appointed the CEC, he/she shall act as the Chairman of the EC.
• The CEC is appointed and commissioned as the commissioner  having certain exclusive powers, and in case of making the Commission multi-member, he shall preside over the meeting as its chairman.
• Purpose – The idea behind this provision is to ensure that the conduct of elections is done by an administrator and at the same time to make the decision of the Commission consensus-based or democratic.
• Tenure of the CEC – Under the 2023 Act, the CEC holds office for six years or until the age of 65, whichever is earlier.
• By far the most significant provision ensuring independence of the EC is the provision for the removal of the CEC and other election commissioners.
• Conditions of Service – Under Article 324(5), the CEC’s conditions of service cannot be varied to their disadvantage during their tenure.

What is the issue that revolve around the appointment of Election Commissioners?

• Appointment issues – The process of appointing election commissioners had caused controversy with the passing of Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Office and Terms of Office) Act, 2023, replacing the 1991 Act.
• It regulates the appointment and removal of the Chief Election Commissioner (CEC) and other Election Commissioners.
• Selection Committee for appointment – The 2023 Act stipulates that election commissioners should be appointed by the President based on a selection committee comprised of the
  • Prime Minister,
  • A Union Minister and
  • The Leader of Opposition of LS.
• Source of Controversy – In Anoop Baranwal vs Union of India (2023), the Supreme Court held that the Chief Justice of India (CJI) should also be part of the selection committee.
• However, this provision was removed by 2023 act, which created a controversy on the grounds that the independence of the EC would be adversely affected.
• Legal Challenge – The Act has been challenged again in Jaya Thakur versus Union of India, 2024, the next hearing scheduled for March 2026.
• Petitioners argue that excluding the CJI violates the spirit of the Supreme Court’s ruling and weakens democratic safeguards.

How are the CEC and Other ECs being removed & issues around it?

• Removal of the CEC – Article 324 (5) says that the CEC can be removed only in the manner prescribed for the removal of a Supreme Court judge under Article 124(4).
• Grounds – Either proved misbehaviour or incapacity.
• Removal of Other Election Commissioners – The removal of other election commissioners is done by the President on the advice of the CEC.
• However, the Supreme Court in Vineet Narain versus Union of India, 1997 held that the CEC shall not give his advice suo motu.
• This provision strikes a balance between the executive power and the independence of the election commissioners. 
• Procedure to remove the CEC – It is very complex and rigorous, a quasi-judicial Parliamentary procedure.
• The complexity of the process ensures its independence from any possible arbitrary action by the government.
• Legal Framework
  • Representation of the People Acts (1950 & 1951) – Focus on electoral procedures, voter registration, candidate qualifications.
  • Section 11 of the CEC and other ECs (Appointment, Conditions of Service and Terms of Office) Act, 2023  - Gives the procedure to remove the CEC and other Commissioners.
  • Section 3 of Judges (Inquiry) Act, 1968 – Deals with the investigation into misbehaviour or incapacity by a commission member.
• Motion & Signatories – It says that if notice is given to the Lok Sabha, at least 100 members must sign, while in the case of the Rajya Sabha, the minimum number of signatories to such a motion shall not be less than 50.
• Presiding officer – Following this, the Speaker or the Chairman may admit or refuse the motion. 
• 3-member committee – It is constituted by the Speaker or Chairman which comprising
  • Chief Justice of India or a Supreme Court Judge,
  • Chief Justice of a High Court and
  • A distinguished jurist.
• Safeguards for Fairness
  • If notices are given in both Houses, committee formed only after both accept the motion.
  • Definite charges must be framed and communicated.
  • CEC given reasonable time and opportunity to defend (ensures the Doctrine of Natural Justice by way of protecting the ‘Rule of Fair Hearing’).
  • In the case of allegations of any physical or mental incapacity, medical examination by a medical board appointed by the Speaker or Chairman, as the case may be, needs to be conducted.

What is the political angle?

• Opposition’s Motion Against the CEC – The Opposition’s motion against CEC is unlikely to get passed as the ruling alliance holds sufficient majority in Parliament.
• The ruling government has rejected the allegations of any bias.
• Respect for Constitutional Bodies – These bodies must be well-respected by all, be it citizens, ruling parties or the Opposition; otherwise, it sends a wrong signal to the masses across the country.
• Role of Constitutional & Statutory Bodies – All political parties need to consider that these bodies operate according to the provisions provided in the Constitution or in the respective statutes.
• While dissent against their actions is legitimate, politicisation of the Constitution or constitutional bodies can be harmful to democracy.  
• Safeguards & Sensitivity – The Constitution provides political safeguards to protect fairness in elections and maintain the balance of power between government and independent institutions.
• Any dilution of these safeguards is politically sensitive, as it directly affects the credibility of the electoral process.

What lies ahead?

• The rule of thumb in Indian democracy is that it thrives on a blend of authority and liberty.
• It balances the command of the state with the freedom of citizens, ensuring both stability and inclusiveness.

Reference

The Hindu | On the independence of the Election Commission

Independence of the Election Commission

Why in News?

In recent times, the fairness of the electoral process in India has been under question for many reasons, culminating in a resolution by the Opposition alliance to remove the Chief Election Commissioner (CEC).

What are the present issues?

• Background – In June 2025, the Election Commission of India (ECI) ordered a Special Intensive Revision (SIR) of Bihar’s electoral rolls.
• During this exercise, about 65 lakh names were deleted from the voter list which was challenged in the Supreme Court.
• Allegations – The issue of alleged ‘vote theft’, and the manipulation of electoral rolls in the SIR.
• It has been alleged that the Election Commission (EC) has allowed massive irregularities in voter lists, specifically targeting minority and Opposition-supporting voters.

Adult franchise as provided in Article 326 of the Constitution is the bedrock of democracy. Any procedural impropriety would affect its merit and sanctity. 

What is Constitutional & Legal Basis of Election Commission?

• Constitutional Basis – Article 324 of the Constitution establishes a permanent Election Commission.
• It grants the Commission with powers of superintendence, direction, and control over elections to the President, Vice-President, Parliament, and State legislatures.
• Election Commission (EC) – Article 324 establishes the Election Commission (EC) with
  • A CEC,
  • Other Election Commissioners &
  • Provision for Regional Commissioners.
• Evolution of the Commission – In 1989, the commission was made multi-member but the two additional posts were abolished in 1990.
• Again, on October 1, 1993, EC permanently made multi-member under Article 324(2), which was validated by the Supreme Court in T. N. Seshan versus Union of India (1995). 
• Article 324 (3) – Provides that when any Election Commissioner is so appointed the CEC, he/she shall act as the Chairman of the EC.
• The CEC is appointed and commissioned as the commissioner  having certain exclusive powers, and in case of making the Commission multi-member, he shall preside over the meeting as its chairman.
• Purpose – The idea behind this provision is to ensure that the conduct of elections is done by an administrator and at the same time to make the decision of the Commission consensus-based or democratic.
• Tenure of the CEC – Under the 2023 Act, the CEC holds office for six years or until the age of 65, whichever is earlier.
• By far the most significant provision ensuring independence of the EC is the provision for the removal of the CEC and other election commissioners.
• Conditions of Service – Under Article 324(5), the CEC’s conditions of service cannot be varied to their disadvantage during their tenure.

What is the issue that revolve around the appointment of Election Commissioners?

• Appointment issues – The process of appointing election commissioners had caused controversy with the passing of Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Office and Terms of Office) Act, 2023, replacing the 1991 Act.
• It regulates the appointment and removal of the Chief Election Commissioner (CEC) and other Election Commissioners.
• Selection Committee for appointment – The 2023 Act stipulates that election commissioners should be appointed by the President based on a selection committee comprised of the
  • Prime Minister,
  • A Union Minister and
  • The Leader of Opposition of LS.
• Source of Controversy – In Anoop Baranwal vs Union of India (2023), the Supreme Court held that the Chief Justice of India (CJI) should also be part of the selection committee.
• However, this provision was removed by 2023 act, which created a controversy on the grounds that the independence of the EC would be adversely affected.
• Legal Challenge – The Act has been challenged again in Jaya Thakur versus Union of India, 2024, the next hearing scheduled for March 2026.
• Petitioners argue that excluding the CJI violates the spirit of the Supreme Court’s ruling and weakens democratic safeguards.

How are the CEC and Other ECs being removed & issues around it?

• Removal of the CEC – Article 324 (5) says that the CEC can be removed only in the manner prescribed for the removal of a Supreme Court judge under Article 124(4).
• Grounds – Either proved misbehaviour or incapacity.
• Removal of Other Election Commissioners – The removal of other election commissioners is done by the President on the advice of the CEC.
• However, the Supreme Court in Vineet Narain versus Union of India, 1997 held that the CEC shall not give his advice suo motu.
• This provision strikes a balance between the executive power and the independence of the election commissioners. 
• Procedure to remove the CEC – It is very complex and rigorous, a quasi-judicial Parliamentary procedure.
• The complexity of the process ensures its independence from any possible arbitrary action by the government.
• Legal Framework
  • Representation of the People Acts (1950 & 1951) – Focus on electoral procedures, voter registration, candidate qualifications.
  • Section 11 of the CEC and other ECs (Appointment, Conditions of Service and Terms of Office) Act, 2023  - Gives the procedure to remove the CEC and other Commissioners.
  • Section 3 of Judges (Inquiry) Act, 1968 – Deals with the investigation into misbehaviour or incapacity by a commission member.
• Motion & Signatories – It says that if notice is given to the Lok Sabha, at least 100 members must sign, while in the case of the Rajya Sabha, the minimum number of signatories to such a motion shall not be less than 50.
• Presiding officer – Following this, the Speaker or the Chairman may admit or refuse the motion. 
• 3-member committee – It is constituted by the Speaker or Chairman which comprising
  • Chief Justice of India or a Supreme Court Judge,
  • Chief Justice of a High Court and
  • A distinguished jurist.
• Safeguards for Fairness
  • If notices are given in both Houses, committee formed only after both accept the motion.
  • Definite charges must be framed and communicated.
  • CEC given reasonable time and opportunity to defend (ensures the Doctrine of Natural Justice by way of protecting the ‘Rule of Fair Hearing’).
  • In the case of allegations of any physical or mental incapacity, medical examination by a medical board appointed by the Speaker or Chairman, as the case may be, needs to be conducted.

What is the political angle?

• Opposition’s Motion Against the CEC – The Opposition’s motion against CEC is unlikely to get passed as the ruling alliance holds sufficient majority in Parliament.
• The ruling government has rejected the allegations of any bias.
• Respect for Constitutional Bodies – These bodies must be well-respected by all, be it citizens, ruling parties or the Opposition; otherwise, it sends a wrong signal to the masses across the country.
• Role of Constitutional & Statutory Bodies – All political parties need to consider that these bodies operate according to the provisions provided in the Constitution or in the respective statutes.
• While dissent against their actions is legitimate, politicisation of the Constitution or constitutional bodies can be harmful to democracy.  
• Safeguards & Sensitivity – The Constitution provides political safeguards to protect fairness in elections and maintain the balance of power between government and independent institutions.
• Any dilution of these safeguards is politically sensitive, as it directly affects the credibility of the electoral process.

What lies ahead?

• The rule of thumb in Indian democracy is that it thrives on a blend of authority and liberty.
• It balances the command of the state with the freedom of citizens, ensuring both stability and inclusiveness.

Reference

The Hindu | On the independence of the Election Commission