The Supreme Court of India recently directed the Election Commission (EC) to accept Aadhaar as a twelfth document for identity verification during the Special Intensive Revision (SIR) of electoral rolls in Bihar. This order aims to facilitate inclusion of genuine voters while maintaining the integrity of the electoral process ahead of the state assembly elections.
Recent Supreme Court Directive
The Supreme Court bench clarified Aadhaar is not proof of citizenship but can be used as proof of identity and residence. The EC was instructed to treat Aadhaar on par with the existing 11 documents allowed for voter verification. Authorities must verify the authenticity of Aadhaar cards before acceptance. The court emphasised that the EC will issue guidelines to implement this directive.
Legal Basis and Statutory Provisions
Under the Representation of People Act, 1950, the EC has the authority to recognise documents for establishing identity and residence. Aadhaar, governed by the Aadhaar Act, 2016, is not a citizenship proof but is valid for identity confirmation. The court balanced these legal frameworks to ensure electoral inclusivity without compromising legal standards.
Electoral Roll Revision in Bihar
The Bihar SIR requires voters to submit documents from a prescribed list to verify identity and citizenship. Those on the 2003 electoral rolls need only an extract from that roll. New registrants must submit one or more of the 11 documents or Aadhaar. The EC’s list includes birth certificates, passports, ration cards, caste certificates, and other government-issued documents.
Challenges and Controversies
Some Booth Level Officers (BLOs) reportedly refused to accept Aadhaar, leading to show-cause notices. Petitioners argued this refusal violates the Supreme Court’s orders. Concerns were also raised about Aadhaar forgery risks. The court acknowledged forgery risks exist for all documents and stressed the need for verification rather than outright rejection.
Role of the Election Commission
The EC is responsible for ensuring the authenticity of documents submitted during voter registration. It must issue clear instructions to polling officers regarding Aadhaar acceptance. The EC also holds the power to investigate irregularities and take corrective action to prevent disenfranchisement.
Impact on Voter Inclusion
Accepting Aadhaar aims to reduce exclusion of genuine voters lacking traditional documents. It provides an additional, widely held identity proof. The move is expected to streamline the electoral roll revision, helping maintain a comprehensive and accurate voter list.
Future Implications
This directive may set a precedent for future electoral roll revisions across India. It marks the balance between document verification and voter enfranchisement. The Supreme Court will continue to monitor the implementation and hear related petitions.
Questions for UPSC:
- Critically analyse the role of the Supreme Court in safeguarding electoral rights in India. With suitable examples, discuss its impact on voter inclusion.
- Explain the significance of the Representation of People Act, 1950, in the conduct of elections in India. How does it empower the Election Commission?
- What are the challenges in using biometric identification systems like Aadhaar for electoral purposes? Comment on data security and inclusivity aspects.
- Underline the importance of maintaining the integrity of electoral rolls. How can technology and legal frameworks work together to prevent electoral fraud?
