The Supreme Court on Monday directed that the Aadhaar card must be treated as the 12th document for the purpose of identity to include voters in the Bihar SIR exercise. The top court, however, said 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,” it added.
The SC had asked the poll body thrice during the course of hearing to accept Aadhaar card as proof of identity while conducting the exercise. However, as the proceedings resumed on Monday, the counsel of party opposing the special intensive revision (SIR).
On repeated pleas, the court asked the Election Commission of India (ECI) to consider Aadhaar as document for identity of voter in Bihar SIR.
What ECI argued against Aadhaar as 12th document
Presenting its argument before the bench, the ECI counsel said that someone who does not have the already mentioned 11 documents, but is in possession of Aadhaar, does not entitle the person for voter list inclusion.
“ECI has laid emphasis on 11 documents…every person has been able to produce the documents…this Aadhaar business is only for identity,” the counsel said, adding, “When your lordships have directed, what is the purpose of making it 12th document?”
“What difference will treatment as 12th document make?” he continued.
To this, the bench said if the ECI sees any instance where only Aadhaar is being produced, it can conduct a thorough probe. “Short issue pertains to acceptability and status of Aadhaar card. In view of statutory status assigned to Aadhaar under Aadhaar Act, Aadhaar card is not proof of citizenship,” the court said.
“However, keeping in view S.23(4) of RP Act, Aadhaar card is one document for purpose of establishing identity of any person. Ld. sr counsel for ECI says Aadhaar card shall be taken into consideration as one of the documents for establishing identity of a person for inclusion/exclusion in revised voter list of Bihar,” the top court further added in its order, reported Live Law.
Why the issue came before court again?
This is not the first time the issue of Aadhaar has come before the top court. Previously too, the apex court said that Aadhaar cannot be accepted as the proof of citizenship, however, it remains a valid proof of identity. It had asked the ECI to allow people whose names have been deleted from voter roll to make objections based on Aadhaar card.
Though the ECI agreed, the opposition party on Monday claimed that the poll panel is penalising officials for accepting Aadhaar card.
“Your lordships said take Aadhaar into account. BLOs (booth level officers) are committing contempt….they have informed BLAs that they would still require 1 of the 11 documents…I will show evidence. ECI penalizing officers for accepting document outside the 11 documents…BLOs issued show-cause notice for accepting document other than the 11 documents…BLOs have given signed statements…” senior advocate Kapil Sibal said.
“There are 3 orders of this Court saying accept Aadhaar. There are statements of BLOs themselves – saying no Aadhaar,” he added.
Bihar SIR brews fresh war between NDA and opposition
The Election Commission published the SIR exercise notification in June this year, with the deadline of the fresh voter roll as September 30. Assembly elections are due in the state in October-November this years and the poll panel plans to conclude the SIR before the announcement of voting dates.
The timing is what the opposition has questioned, alleging that the exercise is only meant to delete voters rather than adding them. Multiple petitions have been filed in the Supreme Court, which has been hearing the case for a few weeks now.