The Supreme Court on Monday said that Aadhaar will be treated as one of the twelve documents needed to verify voters during the Election Commission of India’s Special Intensive Revision in poll-bound Bihar.
However, the apex court noted that Aadhaar is not a proof of citizenship, stressing that citizens are entitled to vote. The SC also said authorities shall be at liberty to verify the authenticity of Aadhaar.
“Aadhaar card issued under Aadhaar Act 2016 shall be accepted for the purpose of establishing identity of the exclusion or inclusion being carried out in the revised electoral list process, and that it shall be treated as the 12th document,” a bench of Justices Surya Kant and Joymalya Bagchi said, as reported by Bar & Bench.
The top court’s remarks came during the hearing on a batch of pleas, including those of political parties, challenging the June 24 decision of the Election Commission to conduct Special Intensive Revision (SIR) of electoral rolls in poll-bound Bihar.
During the hearing, Justice Bagchi said the Election Commission’s manual specifies documents that are proof of citizenship.
Senior advocate Kapil Sibal, appearing for petitioners against SIR, asked whether the Aadhaar card is acceptable or not while pointing out to the court’s earlier observation in which it said ECI should consider Aadhaar, EPIC issued by ECI and ration cards.
“We are racing against time. What they are doing is shocking… Booth Level Officers (BLO) can’t decide on citizenship. Proof of residence. They are not accepting Aadhaar for 65 lakhs also. ECI has directed the officials. Let Aadhaar be accepted if I am on voter list,” he said.
Justice Kant also sought EC’s objections if Aadhaar is accepted as the 12th document. “Nobody is asking illegal immigrants to be allowed. We know Aadhaar is proof of identity and not citizenship. Suppose this is the 12th document, what is the issue?” he asked.
Appearing for the poll body, senior advocate Rakesh Dwivedi replied: “99.6 per cent of 7.24 crore have already submitted documents. Last order allowed Aadhaar for 65 lakhs. Now for them .. none of the petitioners have pointed out that a large number was falsely excluded.”
Sibal said there are huge errors in the SIR exercise. “We have so much more to say,” he said.
Speaking outside to the reporters after hearing, Dwivedi said, “The Supreme Court has clarified that Aadhaar can be submitted as proof of identity. Today’s order also confirmed that the ECI can determine citizenship for the purposes of electoral roll. When we can decide the same for MPs, we can very well do it for the electoral to formation.
