SC asks ECI to ‘proceed’ with Aadhaar, EPIC in Bihar SIR
The bench issued the directions orally while hearing the petitions filed by the Association for Democratic Reforms and others
The Supreme Court on Monday refused to halt the publication of the draft electoral rolls for the state of Bihar, scheduled for August 1, reminded the Election Commission of India (ECI) that the ongoing Special Intensive Revision (SIR) must aim for “en masse inclusion, not exclusion” and told the poll body to consider accepting Aadhaar and Voter ID (Election Photo Identity ) cards as valid documents.
A bench of justices Surya Kant and Joymalya Bagchi said the poll body must proceed with the understanding that both documents carry a “presumption of genuineness”.
The bench issued the directions orally while hearing the petitions filed by the Association for Democratic Reforms (ADR) and others, who have challenged ECI’s June 24 notification initiating SIR under Section 21(3) of the Representation of People Act, 1950.
Senior advocate Gopal Sankaranarayanan, appearing for ADR, urged the court to stay the publication of the draft rolls, arguing that nearly 4.5 million voters may be adversely affected. “Once the draft is out, the burden shifts to voters to file objections and seek inclusion,” Sankaranarayanan argued.
Senior advocate Rakesh Dwivedi, who appeared for ECI, however, told the court the August 1 list was only a draft and that the process will remain open for “additions and corrections.”
The bench agreed and said that the court could always intervene later if it found illegality in the process. When Sankaranarayanan requested a formal observation that the exercise would be subject to the outcome of the petitions, the court said the same was “understood” and that it did not need to be recorded.
Senior advocate Kapil Sibal, appearing for one of the petitioners, told the court that ECI officials on the ground were refusing to accept Aadhaar and Voter ID despite the court’s July 10 oral directions to consider them. Dwivedi said that ECI had flagged concerns about the reliability of certain documents, especially Aadhaar and ration cards. Appearing for Trinamool Congress MP Mahua Moitra, senior advocate Abhishek Manu Singhvi said, “The impression on the ground is that EC officials are not accepting Aadhaar and EPIC cards despite the court’s previous directions.”
The court then orally instructed ECI to consider including Aadhaar and EPIC as valid documents for verifying voter eligibility. It also reminded ECI to be cautious while excluding names.
“There is a presumption of correctness with official documents. You proceed with Aadhaar and EPIC. Where forgery is found, you can act on a case to case basis. Any document on this earth can be forged. Instead of en masse exclusion, you should be going for en masse inclusion,” the court said.
In its June 24 notification, ECI listed 11 acceptable documents for proving citizenship during the SIR. The accepted documents include birth certificates, matriculation certificates, passport, permanent residence or domicile certificates, among others but exclude Aadhaar cards, PAN cards, and ration cards on the ground that the latter documents are prone to forgery.
The petitioners before the Supreme Court have argued that ECI’s insistence on just the 11 documents lacks legal backing and can result in mass disenfranchisement.
The petitioners, who also include Opposition leaders led by Congress MP KC Venugopal, RJD MP Manoj Jha among others, have also questioned whether ECI has the authority to conduct such a revision and seek proof of citizenship, a function reserved for the Union government.
ECI in its affidavit filed last week said that while the exclusive powers of the Central government is confined to reviewing the acquisition of foreign citizenship, ECi is fully competent to require a person claiming citizenship by birth to produce relevant documents for inclusion in the electoral roll.
The court had earlier noted that the matter “goes to the root of the functioning of the democratic republic” and involves the fundamental right to vote. On a previous hearing on July 10, another bench of the court had said the top court will examine three questions, ECI’s powers to conduct the SIR, the manner in which it was being carried out, and the timing of the exercise, given the upcoming Bihar Assembly elections.
The court is likely to continue with the hearing of the matter on Tuesday.
