EC issues directions to accept Aadhaar as '12th document' for Bihar SIR, but with an important rider

Aadhaar card can now be submitted as a proof of identity for inclusion in Bihar's revised electoral roll. (File: PTI)

The Election Commission of India on Tuesday issued instructions to the Chief Electoral Officer of Bihar, stating that Aadhaar card be accepted as the 12th document for inclusion in Bihar's revised electoral roll as part of the ongoing Special Intensive Revision (SIR) exercise.

The directive, which came a day after the Supreme Court's order in this regard, however, comes with a critical clarification that Aadhaar be used only as proof of identity and as proof of citizenship.

What this means is that while Aadhaar card will be admissible as a document -- in addition to the 11 documents listed in its June 24 SIR order -- for inclusion in Bihar's electoral roll, the applicant will still need to submit one of the 11 listed documents, or equivalent thereof, to establish Indian citizenship.

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While asking for Aadhaar card to be treated as the 12th document accepted with the signed declaration to be attached with the SIR enumeration form, EC cited Section 9 of Aadhaar (Delivery of Financial And Other Subsidies, Benefits and Services) Act, 2016. Section 9 of the Act states that "Aadhaar number or the authentication thereof, shall not, by itself, confer any right of, or be proof of citizenship or domicile in respect of Aadhaar number holder".

Notably, Section 23(4) of the Representation of People Act, 1950, already lists Aadhaar as one of the documents to establish a person's identity. Moreover, the enumeration form under SIR also has an Aadhaar field in it which is either pre-filled (for electors included in 2003 electoral roll) or may be filled by an applicant on voluntary basis.

In its communique to the Bihar CEO, the EC instructed strict implementation of its its Aadhaar directive and that it be brought to the immediate notice of all district election officers, electoral registration officers, assistant EROs and other authorities.

The EC further said that any non-compliance of its directive shall be dealt with seriously.

In its order Monday, the Supreme Court directed the Election Commission of India to treat Aadhaar card as a "12th document" which can be produced as proof of identity for the purpose of inclusion in the revised voters list of Bihar.

A bench of Justices Surya Kant and Joymalya Bagchi, however, made it clear that Aadhaar “is not proof of citizenship”, and stated that the EC will be entitled to assess its authenticity.

“There is no quarrel that as per the statutory status assigned to Aadhaar Card under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, it is not a proof of citizenship and therefore shall not be accepted as proof of citizenship. However, keeping in view Section 23(4) of the Representation of People Act, 1950, Aadhaar Card is one of the documents enumerated for the purpose of establishing the identity of a person,” the court ordered, directing the EC to issue directions in this regard by Tuesday.