Supreme Court directs Election Commission of India to add Aadhaar as twelfth ID proof in Bihar SIR, clarifying it as residence proof, not citizenship.
Case in NewsBihar SIR : Supreme Court of India directs Election Commission of India to issue Aadhaar voter ID notice . |
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Case Overview
Case Name: Kapil Sibal & Ors. vs. Election Commission of India & Ors.
The Supreme Court of India, through a Bench of Justices Surya Kant and Joymlaya Bagchi addressed petitions arising out of the Bihar SIR (Special Intensive Revision) of the electoral roll . The Court ruled that Aadhaar will be accepted as the twelfth identity document for inclusion or exclusion in the revised Bihar Election voters’ list . The Court clarified that Aadhaar is a proof of residence, not citizenship and allowed the Election Commission of India (ECI) to verify its genuineness .
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Key Aspects
The Court examined multiple concerns raised by petitioners and the ECI regarding the acceptance of Aadhaar during the Bihar SIR . The following issues emerged :
- Earlier, only 11 identity documents were accepted by the ECI for inclusion in the electoral roll .
- 65 lakh names had been proposed to be deleted from the draft electoral roll in Bihar .
- Petitioners alleged Booth Level Officers (BLOs) were refusing Aadhaar as valid proof despite earlier Court orders .
- Concerns were raised regarding forged Aadhaar cards being used by non-citizens .
Legal Insights
The Court relied on statutory provisions and previous directions to ensure voter inclusion . Notable provisions include :
- Section 23 of the Representation of the People Act, 1950 – allows claims and objections in electoral rolls .
- Rule 26 of the Registration of Electors Rules, 1960 – provides for acceptable documents for voter identity .
- The Court reiterated that Aadhaar is valid only as residence proof, not for establishing citizenship .
- The Election Commission of India retains authority to verify the authenticity of Aadhaar documents to prevent misuse .
Court’s Verdict
The Supreme Court of India directed the Election Commission of India to formally issue a notice including Aadhaar as the twelfth ID proof in the Bihar SIR process . The Court emphasized strict verification but confirmed Aadhaar’s inclusion to avoid wrongful voter exclusion in the upcoming Bihar Election .
Source – Supreme Court of India
Read also – Citizenship
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