Will the SC Review the Pleas Against SIR in Bihar Elections?

Synopsis
Key Takeaways
- Supreme Court to hear petitions against ECI's SIR decision.
- Aadhaar can prove identity but not citizenship.
- ECI holds discretion over electoral roll revisions.
- Updated guidelines on Aadhaar use for voter ID required.
- Impacts upcoming elections in Bihar significantly.
New Delhi, Sep 14 (NationPress) The Supreme Court is poised to review on Monday a series of petitions contesting the Election Commission of India's (ECI) choice to execute a Special Intensive Revision (SIR) of the electoral rolls in the upcoming elections in Bihar.
According to the causelist available on the apex court's website, a Bench comprising Justices Surya Kant and Joymalya Bagchi is scheduled to continue the hearing on September 15.
In a prior ruling, the Justice Kant-led Bench elucidated the restricted use of Aadhaar, asserting that while it may be utilized as verification of identity for the updated voters' list, it cannot be considered as evidence of citizenship.
“There is no dispute that according to the statutory designation given to the Aadhaar Card under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, it does not qualify as proof of citizenship and should therefore not be acknowledged as such,” stated the apex court.
Nonetheless, the Justice Kant-led Bench indicated that in accordance with Section 23(4) of the Representation of the People Act, 1950, Aadhaar could still be a legitimate document for identification purposes. “Thus, we instruct the Election Commission of India and its officials to recognize the Aadhaar Card as a valid proof of identity for inclusion or exclusion in the amended voter list of Bihar,” the order issued on September 8 mentioned.
“The Aadhaar Card, for this objective, shall be regarded as the 12th document by the authorities,” it added, clarifying that the ECI can verify its legitimacy in the same manner as it does with other supporting documents.
The Supreme Court had mandated the ECI to publish the necessary guidelines on the use of Aadhaar for voter identification by September 9.
In a recent affidavit, the electoral body informed the Supreme Court that the authority to decide whether to conduct a summary or intensive revision of electoral rolls lies exclusively with the Election Commission, excluding any other entity.
Referring to Rule 25 of the Registration of Electors Rules, the affidavit, sworn by Secretary Pawan Diwan, stated, “A simple reading of Rule 25 shows that the choice to conduct a summary or an intensive revision of the electoral roll is vested in the discretion of the ECI. In line with the aforementioned statutory directive, the ECI possesses complete authority over the revision policy, excluding any other authority.”