'EC right in declining Aadhaar as proof of citizenship': Supreme Court backs poll panel during Bihar SIR hearing

Justice Kant observed that documents are sought only to facilitate enrolment

While hearing a batch of pleas challenging the Election Commission's decision to conduct special intensive revision (SIR) exercise in poll-bound Bihar, the Supreme Court on Tuesday said the poll panel is right in not accepting Aadhaar as proof.

"The EC is correct in saying Aadhaar cannot be accepted as conclusive proof of citizenship. It has to be verified," Justice Kant told senior advocate Kapil Sibal, appearing for the petitioners.

A bench of Justices Surya Kant and Joymalya Bagchi heard senior advocate Kapil Sibal, representing RJD leader Manoj Jha, who alleged discrepancies — including people listed as dead being found alive, and vice versa.

The top court also said the first question to decide was whether the EC had the power to carry out the verification exercise. "If they don't have the power, everything ends. But if they have the power, there can't be a problem," Justice Kant remarked.

According to Sibal, the poll panel data showed 7.24 crore people had submitted forms, yet around 65 lakh names were excluded without any proper inquiry into deaths or migration. "They admit in their affidavit that they did not conduct any survey," he told the bench.

Senior advocate Rakesh Dwivedi, appearing for the poll panel, said the exercise of such a nature was “bound to have some defects here and there” and to claim that dead persons were declared alive and alive as dead could always be corrected as it was only a draft roll.

The bench told the poll panel to “be ready” with facts and figures for it would be question over the number of voters before the exercise commenced; number of dead before and now aside from other relevant details.

On July 29, terming the election commission a constitutional authority deemed to act in accordance with law, the top court said it will step in immediately if there is “mass exclusion” in the SIR of electoral rolls in Bihar.

The draft roll was published on August 1 and the final roll is scheduled to be published on September 30 amid opposition claims that the ongoing exercise will deprive crores of eligible citizens from their right to vote.