Bihar SIR row: SC upholds EC, says Aadhaar not valid proof of citizenship
On 29 July, terming the election commission a constitutional authority deemed to act in accordance with law, the top court said it will step in immediately if there is 'mass exclusion' in the SIR of electoral rolls in Bihar.
PTI
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Election Commission of India (PTI)
New Delhi, 12 August
The Supreme Court on Tuesday upheld the Election Commission’s (EC)
position that an Aadhaar card cannot be treated as proof of Indian citizenship
without proper verification. The apex court emphasised that while Aadhaar is an
important identification document, it does not establish nationality. The
ruling came during hearings on petitions challenging the EC’s Special Intensive
Revision (SIR) of electoral rolls in Bihar.
Justice Surya Kant told senior advocate Kapil Sibal, appearing for the
petitioners, that the EC was correct in asserting Aadhaar cannot be accepted as
conclusive proof. He said the primary question was whether the EC had the authority to conduct the verification exercise — if not, the matter would
end, but if it did, there should be no objection to the process.
Sibal argued that every person born in India after 1950 is a citizen but
claimed procedural lapses in the exercise could lead to large-scale voter exclusion. He cited cases where living persons were marked as dead and accused
Booth Level Officers (BLOs) of failing in their duties. According to him, even
voters listed in the 2003 rolls were being asked to reapply, with
non-compliance leading to deletion. He alleged that 65 lakh names were removed
without proper verification.
Advocate Gopal S termed it “mass exclusion,” claiming 6.5 million names
had been deleted. Advocate Prashant Bhushan alleged the EC had with held keydata and marked voters as “not recommended” without clear criteria. He said whistleblower
data showed 10–12 per cent of applicants in some districts were rejected
without explanation.
Representing the EC, senior advocate Rakesh Dwivedi rejected the
allegations, clarifying that the current list was only a draft and minor errors
were expected in such large-scale exercises. He insisted that relevant details had been shared with Booth Level Agents and accused Bhushan of making
misleading statements.
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