SC refuses to stay Bihar voter list revision, urges ECI to allow Aadhaar

SC urges ECI to consider Aadhaar cards, EPIC (electoral photo identity) cards, ration card as ID proof; seeks response by July 21, next hearing scheduled for July 28

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The Supreme Court on Thursday urged the Election Commission of India (ECI) to consider accepting Aadhaar cards, ration cards, and EPIC (electoral photo identity) cards as valid documents to prove voter identity in the ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar, Bar and Bench reported.

 

A Bench of Justices Sudhanshu Dhulia and Joymalya Bagchi declined to stay the revision process but questioned the ECI’s decision to exclude Aadhaar as identity proof. Although no interim relief was granted, the apex court made it clear that if the ECI chooses not to accept Aadhaar, EPIC, or ration cards, it must explain the reasons.   

 

  “After going through the documents, ECI has pointed out that the list of documents for verification of voters include 11 documents and is not exhaustive. Thus, in our opinion, it would be in the interest of justice if Aadhaar card, EPIC card and ration card be included. It is for the ECI to still decide whether it wants to take the documents or not. If it does not take the documents, (it has to) give reasons for the same and the same shall satisfy the petitioners,” the top court said.

 

Petitions challenge ECI's directive

 

The top court was hearing petitions filed by opposition leaders and NGOs challenging the ECI’s June 24 directive initiating the SIR ahead of the Bihar Assembly elections in November. It noted the tight timeline and issued a notice to the ECI, seeking its reply by July 21.  

 

The matter will next be heard on July 28.   

 

Debate on Aadhaar’s validity as ID proof

 

The court also observed that Aadhaar is widely accepted for identity verification and should be included. “We feel since Aadhaar has been taken as a solid proof for inclusion in electoral rolls as per Section 23, it should be included,” Justice Bagchi said, as quoted by the report.

 

Senior Advocate Rakesh Dwivedi, appearing for the ECI, argued, “I am injuncted to use Aadhaar (for proving) citizenship or domicile proof as per the Act.”

 

The June 24 ECI order asks voters not listed in the 2003 roll to submit citizenship documents. Those born after December 2004 must also provide parental proof of citizenship. Petitioners argue the rules could disenfranchise many due to lack of proper documentation in Bihar.