EC must accept Aadhaar as one of 11 documents in Bihar's SIR: Supreme Court

The apex court is hearing petitions challenging the June 24 directive of the Election Commission for a Special Intensive Revision (SIR) of electoral rolls in Bihar

The Supreme Court on Friday said that the Election Commission of India (ECI) must accept the Aadhaar card as one of the 11 documents a Bihar voter can submit during the ongoing 'Special Intensive Revision' (SIR) of the electoral roll, Bar and Bench reported.

 

The apex court is hearing petitions challenging the June 24 directive of the Election Commission for a SIR of electoral rolls in Bihar, and said applications for re-inclusion can be submitted with either one of those 11 or the Aadhaar card. 

 

The petitioners raised concerns that the SIR in Bihar allows voters to be removed arbitrarily, without sufficient safeguards, which could disenfranchise thousands of people, thereby threatening the integrity of free and fair elections. 

 

 

This comes after the apex court, on August 10, urged the Election Commission to consider documents such as Aadhaar card, ration card,  and electoral photo identity card (EPIC card) as admissible documents for SIR. However, the poll body later submitted an affidavit, stating that neither an Aadhaar card nor a ration card can be submitted as proof of eligibility to vote. 

 

Election Commission defends June 24 directive

 

Defending the directive issued on June 24, the poll body said that it is empowered to undertake such an exercise (SIR) under Article 324 of the Constitution and Section 21(3) of the Representation of the People Act, 1950.

 

The poll body maintained that the SIR process in Bihar was necessary, in view of urban migration, demographic shifts, and concerns over the accuracy of existing rolls, which had not been intensively revised in nearly two decades.

 

The Election Commission further added that the SIR process is significant to ensure that only eligible citizens are included in the electoral rolls ahead of the scheduled Assembly elections in Bihar.

 

Supreme Court pulls up political parties

 

The court also expressed surprise over political parties' inaction in not coming forward with the correction of the names of deleted voters in the SIR in poll-bound Bihar. The court directed 12 political parties to issue orders to party workers to help people in filing their complaints with any of the 11 documents listed by the Election Commission or an Aadhaar card. 

 

Justice Surya Kant said, "All 12 political parties in Bihar shall issue specific directions to party workers to assist people in filing and submission of requisite forms with any 11 documents in Form 6 or Aadhaar card."

 

This comes after the Election Commission said Bihar had over 168,000 booth-level agents (BLAs) of political parties; however, only two objections have been filed so far. 

 

The court said, "We are only surprised by the inaction of political parties. After appointing BLAs (booth-level agents), what are they doing? Why is there a distance between people and local political persons? Political parties must assist voters."

 

It further noted, "BLAs of all political parties are to check whether the 65 lakh who are not included in the draft roll are facilitated or are dead or have voluntarily shifted their residence." [sic]