Supreme Court Upholds ECI's Stance on Aadhaar and Citizenship Proof

Supreme Court Reviews ECI's Electoral Roll Revision in Bihar

On Tuesday, the Supreme Court addressed a series of petitions contesting the Election Commission of India's (ECI) decision to initiate a Special Intensive Revision (SIR) of electoral rolls in Bihar, affirming that the ECI was correct in asserting that an Aadhaar card does not serve as definitive proof of citizenship.

A bench comprising Justices Surya Kant and Joymalya Bagchi noted that the responsibility for determining the inclusion or exclusion of citizens and non-citizens from electoral rolls lies with the ECI.

During the proceedings, senior advocate Kapil Sibal, representing RJD MP Manoj Kumar Jha, argued that the removal of approximately 65 lakh voters from the draft electoral roll published on August 1, without any objections raised for their inclusion, was unlawful.

In response, the bench clarified that according to established rules, individuals who have been excluded must submit applications for their inclusion, and only then will any objections be taken into account.

The court also rejected the argument that the majority of people in Bihar lack the necessary documents requested by the ECI during the SIR process.

Justice Kant remarked, "Bihar is part of India. If they lack these documents, so do other states."

Addressing Sibal's claim that only a small segment of the population possesses documents like birth certificates, matriculation certificates, and passports, Justice Kant stated, "There must be some form of proof of your citizenship... everyone has some certificate... You need it even to purchase a SIM card. It is a broad claim that no one in Bihar has these documents."

Senior advocate Abhishek Manu Singhvi, representing another petitioner, argued that the removal of voters based on citizenship status must follow due process, which is impractical just three to four months before the assembly elections.

Political activist Yogendra Yadav, who appeared personally, informed the bench that mass disenfranchisement has already occurred, with 65 lakh voters being excluded.

He presented two individuals from Bihar to the court, stating they had been removed from the draft roll despite being alive and holding voter ID cards. The arguments in this case are set to continue tomorrow.

The petitions challenging the ECI's decision were filed by RJD MP Manoj Jha, the Association for Democratic Reforms (ADR), PUCL, activist Yogendra Yadav, Trinamool MP Mahua Moitra, and former Bihar MLA Mujahid Alam.

These petitions seek to annul the ECI's directive from June 24, which mandates that a significant number of voters in Bihar provide proof of citizenship to remain on the electoral rolls.

Concerns were also raised regarding the exclusion of commonly held documents such as Aadhaar and ration cards, highlighting that this would disproportionately impact poor and marginalized voters, particularly in rural areas of Bihar.