‘Aadhaar Not Proof of Citizenship, EC Correct on Verification’: Supreme Court in Bihar Voter Row
The Supreme Court on Tuesday backed the Election Commission’s position that an Aadhaar card cannot be considered conclusive proof of citizenship for voter registration, stating that the details must be independently verified. The observation came during a crucial hearing on petitions challenging the controversial Special Summary Revision (SIR) of electoral rolls in poll-bound Bihar, a process the opposition alleges will lead to the mass disenfranchisement of genuine voters.
A bench led by Justice Surya Kant told senior advocate Kapil Sibal, representing the petitioners, “The EC is correct in saying Aadhaar cannot be accepted as conclusive proof of citizenship. It has to be verified.”
The court framed the central issue as whether the Election Commission even possesses the power to conduct such a large-scale verification exercise. “If they don’t have the power, everything ends. But if they have the power, there can’t be a problem,” Justice Kant remarked.
Sibal argued vehemently that the process was flawed and would result in the large-scale exclusion of voters. He claimed that even individuals who were on the 2003 electoral rolls were being forced to fill out new forms, and failure to do so would lead to their names being deleted, even if they hadn’t moved.
He presented data suggesting that while 7.24 crore people submitted forms, approximately 65 lakh names were excluded without proper inquiry into whether they had died or migrated. “They admit in their affidavit that they did not conduct any survey,” Sibal told the bench.
The court pressed the petitioners to clarify whether their fears were based on verified facts or assumptions, questioning how the 65 lakh figure was derived. “We want to understand whether your apprehension is imaginary or a real concern,” the bench said.
Advocate Prashant Bhushan, also appearing for the petitioners, added another layer to the allegations, claiming the Election Commission had not publicly disclosed the list of voters who were excluded due to death or change of residence, making it impossible to scrutinize the process. The court observed that if a voter submits a form with an Aadhaar and ration card, the EC is obligated to verify the details and sought clarity on whether proper notifications were sent to those with incomplete documentation.
