New Delhi, Sep 8 The Supreme Court on Monday directed the Election Commission of India (ECI) to accept the Aadhaar card as the "12th document" for identification purposes in the revised voters’ list being prepared as part of the Special Intensive Revision (SIR) in Bihar.
Directing the poll body to issue instructions to its officials on the ground regarding the acceptance of Aadhaar -- in addition to the 11 documents already permitted for identification, a bench of Justices Surya Kant and Joymalya Bagchi clarified in its order that while Aadhaar is not a proof of citizenship, it could be used to establish the identity of a person.
The Justice Surya Kant-led Bench added that the ECI officials will be entitled to verify the authenticity and genuineness of Aadhaar cards furnished by the voters.
The apex court was hearing a clutch of petitions challenging the ECI order directing the SIR exercise in poll-bound Bihar.
The direction regarding the acceptance of Aadhaar came after senior advocate Kapil Sibal pointed out that the ECI had not issued instructions to its officials on the ground to accept Aadhaar cards, and therefore, the earlier apex court orders were not being implemented.
The Justice Surya Kant-led Bench, in an order passed on August 22, had ordered that the claim form for inclusion in the voters’ list could be submitted with any of the 11 documents originally listed by the ECI, or with an Aadhaar card.
During the hearing, senior advocate Rakesh Dwivedi, appearing for the ECI, submitted that the Aadhaar card cannot be accepted as proof of citizenship and urged the apex court to adjudicate whether, for the purpose of electoral rolls, the ECI has the authority to decide if an applicant is a citizen.
In its interim order, the Justice Surya Kant-led Bench observed that Aadhaar may be accepted at least as proof of identity and should be treated as the "12th document" during the revision of the voters’ list.
"Adhaar card shall be taken into consideration as one of the documents for establishing the identity of a person for inclusion/exclusion in the revised voter list of Bihar. Aadhaar card shall be treated as the 12th document by authorities," it said.
"However, it is clarified that authorities shall be entitled to verify the authenticity and genuineness of the Aadhaar card itself. It shall not be accepted as proof of citizenship. ECI shall issue instructions in this regard during the course of the day," the apex court added.
Amid the pending legal challenge to the SIR in Bihar, the sources claimed that the ECI is considering conducting SIR across the country and has called a meeting of all the state Chief Electoral Officers (CEO) in Delhi on September 10. The meeting will be attended by Chief Election Commissioner (CEC) Gyanesh Kumar, the Election Commissioners, and other senior poll body officers.
The issue assumes significance as polls are due next year in West Bengal, Assam, Tamil Nadu, Kerala, and Puducherry, and according to reports, the poll body is likely to conduct the SIR in the whole country.
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