Should Aadhaar Be Accepted as the '12th Document' by the ECI in Bihar?

Synopsis
Key Takeaways
- The Supreme Court has authorized Aadhaar as the '12th document' for voter identification in Bihar.
- Aadhaar is not a proof of citizenship, but can confirm identity.
- Officials are allowed to verify the authenticity of Aadhaar cards.
- The ruling may influence future electoral practices nationwide.
- Upcoming elections in several states may see similar revisions.
New Delhi, Sep 8 (NationPress) The Supreme Court has instructed the Election Commission of India (ECI) to include the Aadhaar card as the '12th document' for identity verification in the updated voters’ list as part of the Special Intensive Revision (SIR) in Bihar.
The court mandated the electoral body to inform its field officials about the acceptance of Aadhaar alongside the existing 11 approved identification documents. A bench led by Justices Surya Kant and Joymalya Bagchi emphasized that while Aadhaar is not a proof of citizenship, it can serve to confirm a person's identity.
The Justice Surya Kant-led bench remarked that ECI officials have the right to authenticate the Aadhaar cards presented by voters.
This ruling was made during the examination of several petitions disputing the ECI's directive regarding the SIR process in Bihar ahead of upcoming elections.
The court's instruction came after senior advocate Kapil Sibal highlighted that the ECI had not provided on-ground officials with guidance to accept Aadhaar cards, resulting in previous Supreme Court orders being overlooked.
In an earlier ruling on August 22, the Justice Surya Kant-led bench stated that claims for inclusion in the voters’ list could be submitted using any of the 11 documents or an Aadhaar card.
During the proceedings, senior advocate Rakesh Dwivedi, representing the ECI, argued that the Aadhaar card cannot be considered as proof of citizenship and urged the court to determine whether the ECI has the power to assess an applicant's citizenship status.
In its interim order, the Justice Surya Kant-led bench acknowledged that Aadhaar could be recognized as at least an identity verification tool and should be regarded as the '12th document' in the voters’ list revision process.
The court stated, "The Aadhaar card will be included as a document for verifying a person’s identity for inclusion or exclusion in the revised voter list of Bihar. It will be categorized as the 12th document by the relevant authorities."
“Nonetheless, it is specified that officials must validate the authenticity and validity of the Aadhaar card. It shall not be accepted as proof of citizenship. The ECI is instructed to disseminate guidance on this matter by the end of the day,” the apex court added.
As the legal challenges surrounding the SIR in Bihar remain unresolved, sources indicate that the ECI is contemplating a nationwide SIR and has scheduled a meeting with all state Chief Electoral Officers (CEOs) in Delhi on September 10. This meeting will include Chief Election Commissioner (CEC) Gyanesh Kumar, Election Commissioners, and high-ranking officials from the poll body.
This issue is critical as elections are anticipated next year in West Bengal, Assam, Tamil Nadu, Kerala, and Puducherry, and reports suggest the ECI may implement the SIR across the entire country.