Supreme Court Allows Aadhaar for Voter Identity Verification
The Supreme Court has recently directed the Election Commission of India (EC) to accept Aadhaar as a 12th document for identity verification during the Special Intensive Revision (SIR) of electoral rolls in Bihar. This move aims to ensure inclusivity in voter registration ahead of the Assembly elections. The court clarified that Aadhaar is not proof of citizenship but can be used for identity verification. The EC retains the right to verify the authenticity of Aadhaar cards like other documents.
Context
The order came amid concerns over disenfranchisement due to strict document requirements for voter registration. The EC initially accepted 11 documents to establish identity and residence for inclusion in the electoral roll. The court’s intervention added Aadhaar to this list to prevent genuine voters from being excluded. The decision follows petitions denoting irregularities and refusals by Booth Level Officers (BLOs) to accept Aadhaar.
Legal Status of Aadhaar in Electoral Rolls
Aadhaar is recognised under the Aadhaar Act, 2016, but not as proof of citizenship. The Representation of the People Act, 1950, allows documents like Aadhaar for identity verification but not citizenship confirmation. The court emphasised that citizenship determination is beyond the scope of BLOs and must follow constitutional provisions involving the President and Election Commission.
Role of the Election Commission
The EC is responsible for finalising the electoral rolls and issuing guidelines on acceptable documents. It can verify the genuineness of Aadhaar cards by seeking additional proof. The EC must now update instructions to include Aadhaar as a valid identity document during the Bihar SIR. The court has asked the EC to clarify the acceptance of Aadhaar and address notices issued against officials accepting it.
Implications for Voter Inclusion
The inclusion of Aadhaar aims to reduce voter exclusion, especially for those lacking traditional documents. Nearly 99.6% of Bihar’s voters have submitted documents, but the option of Aadhaar provides an alternative for others. However, concerns about forged Aadhaar cards remain, necessitating robust verification procedures to prevent fraudulent enrolment.
Documents Accepted for Electoral Roll Revision
The EC’s list includes birth certificates, passports, matriculation certificates, permanent residence certificates, forest rights certificates, caste certificates, and the National Register of Citizens, among others. Other documents include family registers, land allotment certificates, government-issued identity cards, and older government documents issued before 1987. Aadhaar is now officially added to this list for identity verification.
Ongoing Challenges
Despite the court’s order, some BLOs reportedly continue to reject Aadhaar, leading to legal disputes and show-cause notices. The court has scheduled further hearings to monitor compliance and address petitions seeking regular nationwide Special Intensive Revisions. The balance between preventing fraud and ensuring voter inclusion remains a critical challenge.
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