Bihar SIR: SC directs ECI to accept Aadhaar for identity, not citizenship
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New Delhi: The Supreme Court on Monday directed the Election Commission of India (ECI) to accept Aadhaar as the twelfth document, in addition to the 11 documents already permitted for identification purposes, during the Special Intensive Revision (SIR) of the voters’ list in Bihar.
A bench comprising Justices Surya Kant and Joymalya Bagchi, however, clarified that Aadhaar would not be considered proof of citizenship. The court stated that the poll body would be entitled to verify the authenticity and genuineness of the Aadhaar card.
“Aadhaar card is not proof of citizenship. However, keeping in view Section 23(4) of the Representation of People Act, Aadhaar card shall be accepted as a document for establishing the identity of any person for inclusion or exclusion in the revised voters’ list of Bihar,” the bench ordered. “The Aadhaar card shall be treated as the 12th document by the authorities. However, they shall be entitled to verify the authenticity and genuineness of the Aadhaar card itself.”
Senior Advocate Kapil Sibal, appearing for the Rashtriya Janata Dal (RJD), argued that although the court had earlier directed that Aadhaar be accepted as proof of identity along with the other 11 documents, this had not been implemented, amounting to contempt of Supreme Court orders. Sibal cited an instance where a show-cause notice was issued to a Booth Level Officer (BLO) for accepting Aadhaar and said the Commission had not issued instructions to its officers to accept it.
For the ECI, Senior Advocate Rakesh Dwivedi contended that the poll body had the power to examine citizenship for voter list purposes and that Aadhaar could not be accepted as proof of citizenship. Dwivedi noted that 99.6 per cent of the 7.24 crore voters in Bihar had already submitted the required documents. Aadhaar had been allowed for those excluded in the draft list, and no complaints had arisen regarding large-scale exclusions, he added.
Justice Kant emphasised that the ECI need not treat Aadhaar as proof of citizenship but only for identity purposes. “Law is very clear on Aadhaar. Aadhaar is one of the official documents… You will take it and examine it,” he said.
Acknowledging the Commission’s concerns about the genuineness of Aadhaar, Justice Kant added, “Those who are genuine citizens of this country are entitled to vote. Those claiming citizenship on the basis of forged documents are not.”
Justice Bagchi highlighted that provisions of the Representation of People Act specifically recognise Aadhaar as a document of residence. Except for passports and birth certificates, none of the 11 documents specified by the ECI provide conclusive proof of citizenship, he noted. “We have repeatedly passed orders clarifying that the list of 11 documents is illustrative… Aadhaar must be included,” he said.
