Bihar Voter List Row: EC Tells SC Aadhaar, Ration Card Can’t Prove Citizenship

In a detailed affidavit submitted to the Supreme Court, the Election Commission of India (EC) has clarified that Aadhaar, voter ID cards, and ration cards are not valid documents for verifying entries in the electoral rolls under the Special Intensive Revision (SIR) process in Bihar.

EC Opposes Petition by Opposition Parties and NGOs

The affidavit comes in response to a petition filed by 11 opposition parties, several NGOs, and residents of Bihar, which seeks to halt the SIR process and conduct the upcoming November state elections using electoral rolls revised in December last year. The EC, however, has urged the court to dismiss the petition, asserting that the SIR is lawful and does not infringe upon any constitutional rights.

Exclusion from Voter Roll Does Not Affect Citizenship

Addressing concerns about the impact on citizenship, the EC clarified that not being listed in the electoral rolls does not terminate one's citizenship.

"Citizenship of an individual will not terminate on account of the fact that he/she is held to be ineligible for registration in the electoral rolls," the EC stated in its affidavit.

It added that the SIR exercise does not invoke Section 9 of the Citizenship Act, nor does it impact an individual's legal status as an Indian citizen.

Why Aadhaar, EPIC, and Ration Cards Are Not Enough

The EC defended its decision to exclude EPIC (Electors Photo Identity Card), Aadhaar, and ration cards as sole proof of voter eligibility, stating:

"The EPIC, being a by-product of an earlier electoral roll, cannot substitute the verification process mandated for fresh preparation."

The Commission explained that Aadhaar is only a proof of identity, not eligibility, and that the use of Aadhaar for voter verification is restricted under Article 326 of the Constitution. The affidavit noted that ration cards are often counterfeit, weakening their credibility as identity documents.

"There are a large number of fake ration cards floating around in the country," the EC told the court.

SIR Process Complies With Legal Framework

Rejecting claims of rights violations, the EC stated that the Special Intensive Revision process follows all applicable laws and does not infringe on fundamental rights. The SIR is aimed at preparing an accurate and up-to-date electoral roll, ensuring that only eligible citizens are registered to vote.

Meghalaya HC: Aadhaar Can't Be the Only ID for Government Benefits

In a related development, the Meghalaya High Court ruled that Aadhaar should not be the only acceptable proof of identity to access government schemes. The court issued an interim order directing authorities to accept alternative ID documents, such as:

PAN card

Voter ID

Passport

The ruling came in response to a Public Interest Litigation (PIL) by activist Greneth M Sangma, challenging a state rule mandating Aadhaar for availing benefits like post-matric scholarships and financial aid for SC/ST students.

The court emphasized that under Section 7 of the Aadhaar Act, individuals without Aadhaar must be given other options to prove their identity. It also clarified that the Act applies to residents, not just citizens-with a resident defined as someone who has lived in India for at least 182 days in the previous 12 months.

The next hearing in the Meghalaya case is scheduled for August 12.