Consider Aadhaar for Bihar voter roll revision: Supreme Court to EC

The Supreme Court has directed the Election Commission of India to accept Aadhaar, voter ID, and ration cards as valid documents for the Special Intensive Revision of Bihar electoral rolls

The Supreme Court on Thursday instructed the Election Commission of India (ECI) to consider Aadhaar cards, voter identity cards, and ration cards as acceptable documents for the Special Intensive Revision (SIR) of electoral rolls in Bihar ahead of the Assembly elections.

 

"...it will be in the interest of justice, the ECI will also consider the Aadhaar card, Electoral Photo Identity Card issued by the Election Commission, and the ration card," Justices Sudhanshu Dhulia and Joymalya Bagchi said, noting that the list of eleven documents specified by ECI as acceptable for proving citizenship was not exhaustive but illustrative.

 

The Court also clarified that its direction does not mean that the ECI must include anyone’s name in the electoral roll solely on the basis of these documents.

 

"We have noted that anyway you have said your list is not exhaustive. If you have good reason to discard Aadhaar, do it and provide reasons," Justice Dhulia said.

 

 

The court was hearing pleas challenging the ECI's June 24 directive, which ordered a special intensive revision of the electoral rolls in Bihar.

 

The directive requires voters not listed in the 2003 electoral roll to submit documents proving their citizenship. Those born after December 2004 must also provide the citizenship documents of both parents, with additional requirements if a parent is a foreign national.

 

The Court also observed that the petitions raised "an important question which goes to the very root of the functioning of democracy in the country – the right to vote."

 

“After hearing both sides, we are of the prima facie opinion that three questions are involved in this case: (a) the very powers of the election commission to undertake the exercise, (b) the procedure and the manner in which the exercise is being undertaken, and (c) the timing, including the timings given for preparation of draft electoral rolls, asking objections, and making the final electoral roll, which is very short considering the fact that Bihar elections are due in November…” the court said in its order.

 

“We are also of the considered view that the matter needs a hearing. Therefore, let it be fixed before the appropriate bench on July 28. Meanwhile, the counter affidavit will be filed by the Election Commission within one week from today, that is, on or before July 21, and a rejoinder, if any, be filed before July 28,” it added.

 

The court also questioned why the ECI started the SIR exercise of electoral rolls in Bihar so late, although it made clear that there is nothing wrong with the SIR exercise; it should have been done months before the upcoming election.

 

Senior lawyer Gopal Sankaranarayanan, representing one of the petitioners, the Association for Democratic Reforms (ADR), argued that the ECI's SIR drive was completely arbitrary and discriminatory.

 

The guidelines provide certain classes of people who don't have to participate in the revision exercise, and he argued that the exercise has no basis in law.

 

Sankaranarayanan told the Supreme Court that with elections only months away, the ECI was saying it would complete the SIR of the entire roll in 30 days.

 

The Association for Democratic Reforms (ADR), People's Union for Civil Liberties (PUCL), Yogendra Yadav, Lok Sabha Member of Parliament (MP) from the Trinamool Congress Party, Mahua Moitra, Rashtriya Janata Dal (RJD) MP Manoj Jha, Congress Party leader K.C. Venugopal, and Mujahid Alam are the petitioners in the case.