The Supreme Court recently made a suggestion. They said the Election Commission should accept Aadhaar cards, voter ID cards, and ration cards. These can be used as valid documents for updating the electoral rolls in Bihar.

Court’s Observation

A bench of Justices Sudhanshu Dhulia and Joymalya Bagchi made an important note. They said the list of 11 documents, which the poll panel had accepted as proof of citizenship, was not complete.

“The list is not exhaustive. It will be in the interest of justice for the Election Commission of India to also consider the Aadhaar card, Electoral Photo Identity Card, and the ration card,” the bench stated.

Background of the Case

The court was hearing several petitions. These petitions challenged the Election Commission’s decision. The decision was about conducting a special intensive revision of electoral rolls in Bihar. This is ahead of the Assembly elections expected in October or November.

The matter will be heard further on July 28. The bench asked the Election Commission to file its counter-affidavit by July 21.

Revision Details

The Election Commission announced the revision of the electoral rolls in Bihar on June 24. As part of this process, people whose names were not on the 2003 voter list will need to submit proof of eligibility to vote. This affects about 2.9 crore out of the state’s 7.8 crore voters, or roughly 37% of the electors.

• Voters born before July 1, 1987, must show proof of their date and place of birth.
• Those born between July 1, 1987, and December 2, 2004, must submit documents establishing the date and place of birth of one of their parents.
• Those born after December 2, 2004, will need proof of date of birth for themselves and both parents.

Key Arguments

During the hearing, the Supreme Court noted an important point. Only the Ministry of Home Affairs, not the Election Commission, can remove non-citizens from the electoral rolls.

Advocate Gopal Sankaranarayanan, representing the petitioners, argued that the special intensive revision unfairly shifts the burden of proof. It moves from the Election Commission to the voter. He stated that voters must prove their citizenship and eligibility. This raises constitutional concerns.

The petitioners also challenged the Election Commission’s exclusion of the Aadhaar card and voter ID. These were not included in the list of documents specified as proof of citizenship for those whose names were not in the 2003 electoral roll.

Sankaranarayanan pointed out that even though the Aadhaar card is an acceptable document under the Representation of Peoples Act, the poll panel does not accept it for the Bihar special intensive revision.

In response, advocate Rakesh Dwivedi, representing the Election Commission, argued that an Aadhaar card cannot be used as proof of citizenship. He said it is only an authentication of one’s identity. The Aadhaar Act 2017 states the card by itself is not proof of citizenship or domicile.

Political Reactions

On July 2, eleven INDIA bloc parties told the Election Commission something important. They said the special intensive revision of Bihar’s electoral rolls risked disenfranchising more than 2.5 crore voters. These voters may not be able to produce the necessary documents.

Chief Election Commissioner Gyanesh Kumar defended the exercise. He claimed that it had to be carried out as no one was satisfied with the current voter rolls.

Watch: ‘Need a civil disobedience movement against EC’: TMC MP Mahua Moitra on Bihar voter roll revision