SC Permits Aadhar As Valid Id Proof For Voter Roll Revision In Bihar

In a judgement passed on the 8th of September, the Supreme Court of India has directed the Election Commission of India (ECI) to accept the Aadhaar card as  12th identity document which shall be valid for inclusion in the Special Intensive Revision (SIR) which is being conducted for electoral rolls in the Bihar elections.

The Bench including Justices Surya Kant and Joymalya Bagchi also specified that  even if Aadhaar is being included as one of the proof of identity, it has to be  understood that it can not be treated as a proof of citizenship.

The Court in its directive, mentioned that, “Aadhaar card shall be treated as the 12th document by authorities. However, it is clarified that authorities shall be entitled to verify the authenticity and genuineness of the Aadhaar card itself. It shall not be accepted as proof of citizenship.”

Previous Order Expanded:-

• The current order from the Apex Court could be understood as an extension of its earlier direction where it allowed nearly 65 lakh voters—excluding those from Bihar’s draft electoral rolls which were published on August 1—to have their Aadhaar cards submitted as a proof of identity for re-inclusion in the voter’s list. 
• With this latest decision, Aadhaar will be a valid proof for all such voters who are seeking inclusion in the revised electoral list, not merely those who were previously excluded from the list.

Concerns Over Rejection of the Aadhaar Card by the Officials

• Representing the  Rashtriya Janata Dal (RJD), Senior Advocate Kapil Sibal highlighted that there are several Booth Level Officers who are still refusing to accept Aadhaar, despite three prior orders have been issued by the Supreme Court.
• Several affidavits were submitted on behalf of such voters whose Aadhaar submissions were denied. “Aadhaar card is the universally available document with the population. If they cannot accept that, what kind of inclusion exercise are they carrying out? They want to exclude the poor,” 
• The issue raised was acknowledged by the Apex Court, pointing out that show-cause notices had even been issued to such officials for not accepting Aadhaar, thereby reflecting a lack of clarity within the whole system.

Election Commission Has To Say ?

• Senior Advocate Rakesh Dwivedi, on behalf of the the Election Commission, explained that Aadhaar can not be considered as a proof of citizenship. However, he pointed out that the ECI had already publicised that the Aadhaar could be accepted as an identity proof.
• “We have advertised… Aadhaar can be digitally uploaded. Only thing is, Aadhaar we are not considering as proof of citizenship,” Dwivedi informed the Court.
• Justice Bagchi pointed out that out of 11 identity documents which have been accepted for voter registration, there are only two such documents which could support claims of citizenship, i.e. passports and birth certificates. 

Publication of the Final Voter List

The Supreme Court instructed the Election Commission of India to publish the details of the 65 lakh voters who were excluded and also to allow an online submission of claims as well as objections. 

Though the deadline for these submissions ended on September 1, the ECI has assured the Court that late objections would still be considered before a final list has been finalised.

The final voter list for the elections in Bihar was scheduled to be published on the day of September 30th, leading to which a comprehensive review of all the claims as well as objections shall be dealt with.

For further information on the Subject, or to follow similar legal news, you may follow our blog under Sharks of Law or on instagram and youtube. If you are involved in a civil or criminal case and wish to talk to a lawyer online or seek free legal counsel, you may contact us through the following information.  

Email:-helpdesk@sharksoflaw.com

Help Desk:-+91-88770-01993