Bihar SIR: Can't consider Aadhaar, voter ID, ration card as proof, EC tells SC; has p
Bihar SIR: Can't consider Aadhaar, voter ID, ration card as proof, EC tells SC; has power to ‘verify’ citizenship
M.U.H
22/07/202520
Bihar SIR: The Election Commission of India (ECI) has not accepted Supreme Court's suggestion of considering Aadhaar Voter ID and ration cards as proof for its ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar.
The poll panel has also defended its authority to seek proof of citizenship during the revision of voter list, in a counter-affidavit filed before the Supreme Court in the batch of petitions challenging the SIR process.
The poll panel said that voter ID cards are issued based on existing electoral rolls, which are being revised, and they cannot be accepted in SIR. It added that EPIC or Electoral Photo Identity Card was being considered in the present SIR, as per SC's order, for the limited purpose of identity.
The Supreme Court had on July 10 allowed the Election Commission of India to continue with its SIR of electoral rolls in poll-bound Bihar. The top court, however, asked the poll panel to consider using the Aadhaar card, the Election card, and the ration card as valid documents for voter identification.
During the hearing too, the Election Commission told the Supreme Court on Thursday that “Aadhaar card is not a proof of citizenship”.
The Supreme Court bench, comprising Justices Sudhanshu Dhulia and Joymalya Bagchi, heard the batch of petitions challenging the controversial exercise that began in a poll-bound state on June 25.
However, in its counter-affidavit, the Commission submitted that it is statutorily bound to ensure that only citizens of India are registered as voters, according to legal news website LiveLaw.
The poll panel said that this obligation flows from Article 326 of the Constitution and Sections 16 and 19 of the Representation of the People Act, 1950.
Referring to Section 19, the poll panel said that one of the key eligibility criteria for registration in the electoral roll is that a person “must be a citizen of India.” It said that it is the Commission's duty to verify whether this condition is met.
“Under the provision of the Constitution of India and statutory provisions, the ECI is obligated to verify the eligibility of the voters and ensuring any person who fails to fulfil the mandatory, requirements of eligibility is not included in the electoral rolls and further that every person fulfilling all the eligibility requirements does not get excluded from the electoral rolls”, the affidavit reads as reported by LiveLaw.
Controversial Move
The poll panel's exercise triggered a political storm. The opposition Congress has dubbed it ‘a rigging attempt’ orchestrated by the Election Commission under instructions from the ruling regime. The Opposition has also demanded a discussion on SIR in Parliament during the ongoing Monsoon Session.
The poll panel has been maintaining that the intensified revision's objective is to ensure that the names of all eligible citizens are included in the electoral roll so as to enable them to exercise their franchise, that no ineligible voter is included in the electoral roll, and that complete transparency is introduced in the process of adding or deleting electors in the electoral roll.
