NEW DELHI: The Supreme Court has asked the Election Commission of India (ECI) to formally allow Aadhaar as the 12th identity document in Bihar’s Special Intensive Revision (SIR) of electoral rolls. But the court also stressed that Aadhaar is not proof of citizenship.So, why is Aadhaar being allowed? And what does this mean for voters?
What SC said
A bench of Justices Surya Kant and Joymalya Bagchi clarified that Aadhaar will now be considered an additional identity proof, but not proof of citizenship. The EC has also been asked to verify the authenticity of Aadhaar numbers submitted by voters before including them in the rolls.Earlier, voters in Bihar electoral revision exercise could submit 11 prescribed documents which did not include Aadhaar card.
Stressing that no one wants illegal immigrants enrolled, the apex court underlined that only genuine citizens can vote and anyone relying on forged documents must be excluded. It directed the EC to issue instructions the same day to ensure Aadhaar is accepted as an identity document.The court also sought the EC’s explanation on show-cause notices issued to poll officials for refusing Aadhaar submissions from voters.Appearing for the EC, senior advocate Rakesh Dwivedi argued that 99.6 per cent of Bihar’s 7.24 crore voters had already submitted documents, making the demand to add Aadhaar as the 12th document of “no practical consequence.”Referring to the Aadhaar Act, 2016 and the Representation of Peoples Act, the bench reiterated that Aadhaar cannot establish citizenship but can be accepted as proof of identity.
What Aadhaar can (and cannot) do
- Aadhaar will prove identity and residence of voter.
- Aadhaar does not prove citizenship. Non-citizens residing in India can also hold Aadhaar cards.
- SC has asked EC to check the genuineness of Aadhaar cards to prevent forged ones from being used.
How do you prove citizenship, then?Documents that can establish citizenship include:
- Passport (direct proof)
- Birth certificate issued in India (with parental details)
- Citizenship or naturalisation certificate
- Certain government records or school certificates, when backed with other evidence
Importantly, the SC clarified that booth level officers (BLOs) are not empowered to decide citizenship, that is the Centre’s job under the Citizenship Act. BLOs only verify local identity and residence.Other 11 documents that are valid in Bihar SIR:
- Identity card/Pension Payment Order issued to regular employee/pensioner of Central/State Govt/PSU
- Identity card/Certificate/Document issued in India by Govt./local authorities/Banks/Post Office/LIC/PSUs before 01.07.1987
- Birth Certificate issued by competent authority
- Passport
- Matriculation/Educational certificate from recognised Boards/universities
- Permanent Residence certificate issued by competent State authority
- Forest Right Certificate
- OBC/SC/ST or any caste certificate issued by competent authority
- National Register of Citizens (wherever it exists)
- Family Register prepared by State/Local authorities
- Land/house allotment certificate by Government
Why does this matter in Bihar?
Bihar’s voter list revision is one of the largest in the country, covering 7.24 crore voters. More than 65 lakh names had been proposed for deletion from the rolls, triggering concerns of disenfranchisement. By allowing Aadhaar, the court hopes to reduce the risk of genuine voters being excluded, especially poorer sections who may not have passports or other formal IDs.In earlier hearings, the court had also asked political parties to assist the people who have been excluded from the draft electoral roll.(With agency inputs)