Supreme Court directs EC to treat Aadhaar card as a "12th document", Bihar SIR

The Supreme Court on Monday (September 8) instructed the Election Commission (EC) to include Aadhaar as the 12th prescribed document for establishing the identity of a voter in special intensive revision (SIR) of the electoral rolls in poll-bound Bihar.

During the hearing, a bench of Justices Surya Kant and Joymalya Bagchi clarified that Aadhaar will not be proof of citizenship, and the poll panel can ascertain the genuineness of the Aadhaar card number submitted by an elector for inclusion in the electoral roll.

The top court further stated that nobody wants the EC to include illegal immigrants in the electoral roll, adding that it should be clear that only genuine citizens will be allowed to vote, and those claiming to be genuine based on forged documents will be excluded from the electoral roll.

The bench directed the EC to issue necessary directions during the course of the day for the acceptance of Aadhaar as a document for proof of identity. The top court also sought EC’s explanation on the showcause notices it issued to poll officials for not accepting the Aadhaar card from the voters.

EC's argument

Appearing for the EC, senior advocate Rakesh Dwivedi, stated that 99.6 per cent of the 7.24 crore voters in the draft roll had submitted documents, arguing that the inclusion of Aadhaar as 12th document as per the petitioners’ appeal would not serve any practical purpose.

Referring to the provisions of the Aadhaar Act of 2016 and the Representation of Peoples Act, the bench stated that although Aadhaar was not a proof of citizenship, but can be considered as a proof of identity.

Also Read: Supreme Court asks EC for 2003 Bihar electoral roll documents

Sibal's submission

During the hearing, senior advocate Kapil Sibal argued that Aadhaar should be accepted as an ID proof for a person if his or her name is on the voter list.

“Booth Level Officers (BLO) can't decide on citizenship. Proof of residence. They are not accepting Aadhaar for 65 lakhs, either. ECI has directed the officials. Let Aadhaar be accepted if I am on the voter list,” said Sibal.

“By another order of SC.. public notice had to state that the grievance was to be submitted along with their Aadhaar cards. It was said to take Aadhaar into account. They are refusing to take Aadhaar into account. BLOs instructed that one of the 11 documents was needed. ECI penalising officers for accepting documents outside the 11,” he added as quoted by Bar and Bench.

Also Read: Supreme Court directs EC to accept Aadhaar as proof in Bihar voter list revision

EC extends SIR claim deadline

Earlier on September 1, EC informed the top court that claims, objections and corrections in the draft electoral roll prepared in Bihar under the SIR exercise can be filed beyond September 1, but these would be considered once the electoral roll is finalised.

It said claims and objections in the draft roll can be filed till the last date of nomination forms in each assembly constituency.

The top court also termed the confusion over the Bihar SIR as "largely a trust issue" and directed the state legal service authority to deploy paralegal volunteers to assist individual voters and political parties in filing claims and objections to the draft roll, which was published on August 1.

SC's earlier direction to EC

Supreme Court had instructed the Election Commission to include Aadhaar in the list of valid identity documents. "Let them submit their application forms, be it with Aadhaar card or matriculation certificates," Justice Surya Kant had said as quoted by Live Law.

Hearing petitions challenging the Special Intensive Revision of voter lists, the court ruled that applications for re-inclusion can be submitted with Aadhaar or any of the 11 other approved documents. Justice Kant emphasised flexibility, stating voters could submit applications "with Aadhaar card or matriculation certificates."

Also Read: Supreme Court directs EC to publish list of 65 lakh deleted voters

SC slams political parties in Bihar

The Supreme Court chided Bihar's political parties for failing to assist the over 65 lakh voters removed from rolls, despite opposing the revision as potentially disenfranchising their traditional supporters. The bench noted that "Political parties are not doing their jobs," observing that individual politicians filed objections but not the parties themselves.

The court directed political parties to file status reports on claim forms they facilitated and ordered election officials to provide acknowledgement receipts to booth-level agents submitting excluded voters' claim forms.

Senior advocate Rakesh Dwivedi, representing the EC, requested a 15-day window to demonstrate that no improper exclusions occurred. The Commission reported that 85,000 excluded voters had submitted claim forms, while over 2 lakh new voters registered under the SIR exercise.

(With agency inputs)