ECI rejects SC's suggestion to accept Aadhaar as citizenship proof
What's the story
The Election Commission of India (ECI) has rejected the Supreme Court's suggestion to consider Aadhaar, voter ID, and ration cards as proof for revising electoral rolls in Bihar. In a counter-affidavit filed on Monday, the ECI asserted its constitutional authority to determine if electors fulfill citizenship requirements. However, it clarified that being deemed ineligible as an elector does not terminate an individual's citizenship.
Document validity
'Aadhaar has not been included in the list of documents'
The ECI maintained that Aadhaar is not a proof of citizenship and has been rejected by various High Courts. The commission said, "Aadhaar has not been included in the list of 11 documents provided in the enumeration form, as it does not help in screening the eligibility under Article 326." However, it added that Aadhaar can supplement other documents to prove eligibility.
Political apprehensions
Concerns raised by political parties, civil society groups
The ECI's decision has raised concerns among political parties and civil society groups. They fear genuine electors may be disenfranchised due to the document requirements. Opposition leaders, including West Bengal Chief Minister Mamata Banerjee, have alleged that this exercise could lead to a National Register of Citizens (NRC) being prepared covertly. Several petitions have been filed in the Supreme Court against these concerns.
Citizenship clarification
What ECI said about its powers
The ECI reiterated that determining non-eligibility under Article 326 doesn't lead to cancellation of citizenship. It said its powers come from Articles 324 and 326, which deal with superintendence over elections and eligibility for electors. The commission emphasized that it can ask for proof of citizenship when including people in the electoral rolls.
Document rationale
Documents required based on age group
The ECI has specified different documents based on age groups to establish eligibility. For those born before July 1, 1987, documents establishing the date and/or place of birth are required. Those born between July 1, 1987, and December 2, 2004, need documents for themselves and one parent. For those born after December 2, 2004, both parents' documents are required.
Proof justification
Burden of proof on electors
The ECI justified placing the burden of proof on electors, saying the necessary documents are within their special knowledge. It said such evidence should be within personal knowledge and not state authorities.' The commission also distinguished between registration as an elector and scrutiny of citizenship when it comes to the burden of proof.