ECI must accept Aadhaar as '12th document' for SIR: SC
What's the story
The Supreme Court has directed the Election Commission of India (ECI) to accept Aadhaar cards as a "12th document" for inclusion in Bihar's revised voters list. The court clarified that while Aadhaar is not proof of citizenship, it can be used to establish identity under Section 23(4) of the Representation of People's Act. It, however, stated that ECI officers will be entitled to verify the authenticity and genuineness of Aadhaar cards provided by voters.
Voter access
'Aadhaar should be accepted as standalone document'
A bench comprising Justice Surya Kant and Justice Joymalya Bagchi passed the order after petitions from the Rashtriya Janata Dal (RJD) and others, who argued that ECI officials were not accepting Aadhaar cards despite earlier court orders. Senior Advocate Kapil Sibal, representing RJD, argued that without clear instructions from the ECI, earlier Supreme Court orders were not being implemented. He stressed the importance of including Aadhaar in the process to avoid excluding underprivileged sections of society.
Citizenship debate
ECI agreed to accept Aadhaar for voter registration
Senior Advocate Rakesh Dwivedi, representing the ECI, maintained that Aadhaar cannot be considered proof of citizenship. At this point, Justice Bagchi stated that, with the exception of passport and birth certificate, none of the other 11 documents listed by the ECI were documents of citizenship. "We...have repeatedly passed order that the list illustratively indicates 11 documents...if you see those 11, apart from passport and birth certificates, none are conclusive proof of citizenship. We clarified saying include Aadhaar," Justice Bagchi said.
Document verification
ECI directed to issue instructions on Aadhaar acceptance
The ECI has been directed to issue instructions regarding this by the end of the day. The court asked the ECI for the first time to consider Aadhaar cards, along with ration cards and Electoral Photo Identity Cards, for inclusion on the voters list on July 10. On August 22, the court issued another order allowing people who were omitted from the draft list to submit applications for inclusion, along with an Aadhaar card or the 11 other documents.