What Clarifications Does the SC Seek from the Election Commission Regarding Bihar's Final Voter Lists?

Synopsis
Key Takeaways
- Every voter has the right to appeal their exclusion from electoral rolls.
- Significant deletions and additions in the electoral rolls have raised concerns.
- The Election Commission must enhance communication with voters regarding their status.
- Aadhaar can be used for identity proof, but not for citizenship proof.
- The Bihar Assembly elections are set for November 6 and 11.
New Delhi, Oct 7 (NationPress) The Supreme Court stated on Tuesday that every voter possesses the right to contest their exclusion from the electoral rolls, raising concerns over the ambiguity surrounding significant deletions and additions during the Special Intensive Revision (SIR) of voters in Bihar, which is preparing for elections.
Upon learning that numerous names were removed from the electoral list without any notification of the orders, a bench led by Justices Surya Kant and Joymalya Bagchi remarked: "If anyone can provide us with a list indicating that out of these 3.66 lakh voters, these individuals have not been informed of the orders, we will instruct the Election Commission to communicate with them. Every individual has the right to appeal."
The Justice Surya Kant-led bench acknowledged that while 65 lakh names were initially removed from the draft voters' list, approximately 21 lakh were later included in the final rolls.
However, there was still uncertainty over whether these additions were previously deleted voters or entirely new entries.
The apex court noted that the Election Commission maintains both the draft and final lists, asserting that the deleted names are easily identifiable, and urged for greater clarity to enhance public confidence in the electoral process.
Senior advocates Abhishek Manu Singhvi and Prashant Bhushan, representing the petitioners, argued that affected voters were not informed about deletions nor provided with reasons, rendering it impossible for them to file appeals.
They urged the Election Commission to make the voter deletion lists accessible online.
Conversely, the poll panel stated that deletion orders were dispatched to individuals and highlighted that no affected voter had approached the top court.
Scheduling the matter for further discussions on October 9, the Justice Kant-led bench directed the poll body to present data before the Supreme Court.
In a previous ruling, the Justice Surya Kant-led bench had clarified the limited use of Aadhaar, stating that while it could validate identity for inclusion in the revised voters' list, it could not serve as proof of citizenship.
"There is no dispute that according to the statutory status of the Aadhaar Card under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, it is not recognized as proof of citizenship and therefore cannot be accepted as such," the apex court stated.
Nonetheless, the Justice Surya Kant-led bench noted that under Section 23(4) of the Representation of the People Act, 1950, Aadhaar can still be a valid document for identification.
"Consequently, we instruct the Election Commission of India and its authorities to accept the Aadhaar Card as proof of identity for inclusion or exclusion in the revised voter list of Bihar," the order issued on September 8 stated.
"For this purpose, the Aadhaar Card shall be regarded as the twelfth document by the authorities," it added, clarifying that the ECI could verify its authenticity similarly to other supporting documents.
Meanwhile, the ECI has announced that the Bihar Assembly elections will take place in two phases, on November 6 and 11, with vote counting scheduled for November 14.
During a press conference, Chief Election Commissioner Gyanesh Kumar referred to the upcoming Bihar elections as the "mother of all elections," emphasizing the extensive preparations to ensure a peaceful and transparent voting process.
"We aim to assure the voters of Bihar that the elections will not only be smooth and fair but also the most peaceful ever, prioritizing law and order," stated the CEC, who was accompanied by fellow Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.
This year’s elections signify the first significant electoral exercise in Bihar following the SIR-driven purification of the state's voter list.