Why Not Aadhaar? Supreme Court Questions EC On Aadhaar Rejection In Bihar Voter Revision

The Supreme Court on Thursday asked the Election Commission of India (ECI) why it is not accepting Aadhaar as proof of citizenship in the Special Intensive Revision (SIR) of voter rolls in Bihar. The state is scheduled to go to polls in October-November. Justice Sudhanshu Dhulia, who is hearing the matter along with Justice Joymala Bagchi, noted that the required documents are difficult to produce, especially under the current timeline. He remarked, “Even I cannot produce all the documents listed.”

Petitioners Challenge Exclusion of Aadhaar, Question EC’s Authority

Senior Advocate Gopal Sankaranarayanan, representing one of the petitioners, pointed out that Aadhaar is accepted under the Representation of Peoples Act but not in Bihar’s SIR. Senior Advocate Rakesh Dwivedi, appearing for the ECI, told the bench, “Aadhaar Card cannot be used as proof of citizenship.” Justice Dhulia responded, “Citizenship is an issue to be determined not by the Election Commission, but by the Ministry of Home Affairs.”

Court Questions Timing and Execution of SIR Exercise

The bench cited Article 326 of the Constitution, which grants voting rights based on citizenship, and questioned the timing of the SIR, which began in late June. The justices observed that removing a person from the voter list so close to the election could deprive them of the opportunity to vote. Justice Bagchi questioned the need to link the revision to the upcoming state elections.

Bench Raises Concerns About Aadhaar Document Validity

The court questioned why the ECI accepts caste certificates based on Aadhaar but not Aadhaar itself. The ECI responded that each document has a different purpose and that Aadhaar is only proof of identity, not citizenship. The court emphasized the need to read multiple laws together for a holistic interpretation. The EC clarified that it would not delete names without notice or a hearing.

Petitioners including MPs Mahua Moitra, Manoj Jha, and leaders from Congress, RJD, and DMK argued that the exercise is arbitrary. They said it burdens citizens with fresh documentation requirements, even those already on the electoral roll. Lawyers Kapil Sibal and Abhishek Manu Singhvi, representing petitioners, stressed that this process risks disenfranchising millions due to migration and lack of documents.

Next Hearing for July 28

The court posed three key questions to the ECI: whether it has the authority to conduct the SIR, whether the procedure followed is valid, and why the revision is happening just before elections. The next hearing is scheduled for July 28. The ECI has agreed to consider Aadhaar among the documents and will file its reply before the deadline.

EC Defends Exercise, Cites Migration and New Tech Integration

The ECI defended the SIR, stating that 70 lakh people migrated from Bihar in the last decade. The Commission said, “We are conducting a house-to-house survey. About a lakh officers and volunteers are involved.” Political parties are also participating, with instructions to collect at least 50 filled enumeration forms daily.

As of now, 1.69 crore enumeration forms (21.46% of nearly 7.90 crore electors) have been submitted. In the last 24 hours, officials collected over 65 lakh forms. Electors have until July 25 to submit documents. BLOs and volunteers are conducting house visits, uploading live photographs, and assisting electors. The EC introduced the ECI NET platform to upload all documents and avoid repetition in future.

The EC has deployed 77,895 BLOs for door-to-door collection and appointed an additional 20,603 BLOs. Nearly four lakh volunteers, including government staff, NCC cadets, and NSS members, are supporting the exercise. Additionally, 239 EROs, 963 AEROs, 38 DEOs, and the CEO of Bihar are supervising the ground-level implementation. Political parties have also appointed 1,54,977 Booth Level Agents to assist.

Must Read: Bihar Voter List Row: One State, One Election, One BIG Chaos In Supreme Court On Aadhaar vs Citizenship, Explained