Supreme Court asks EC to consider Aadhaar as ‘12th document’ for establishing identity of voters in Bihar SIR

Aadhaar card issued under Aadhaar Act 2016 shall be accepted for the purpose of establishing identity, the top court noted

The Supreme Court on Monday directed that the Election Commission of India (ECI) treat Aadhaar card as a “12th document” which can be brought as a proof of identity for the purpose of inclusion in the revised voters list of Bihar.

However, the top court noted that Aadhaar is not a proof of citizenship. It also clarified that authorities will be entitled to verify the authenticity and genuineness of the Aadhaar card of voters.

“Aadhaar card issued under Aadhaar Act 2016 shall be accepted for the purpose of establishing identity of the exclusion or inclusion being carried out in the revised electoral list process and that it shall be treated as the 12th document," a bench of Justices Surya Kant and Joymalya Bagchi said, as reported by Bar and Bench.

The top court was hearing a batch of pleas, including those of political parties, over the contentious Bihar SIR exercise.

At the moment for Bihar SIR, there are 11 prescribed documents which electors have to submit with their enumeration forms.

Observing nobody wants the EC to include illegal immigrants in the electoral roll, the bench said it should be clear that only genuine citizens will be allowed to vote and those claiming to be genuine on the basis of forged documents will be excluded from the electoral roll.

The bench asked the poll panel to issue necessary directions during the course of the day for acceptance of Aadhaar as a document for proof of identity.

The top court also sought EC’s explanation on showcause notices it issued to poll officials for not accepting Aadhaar card from the voters.

Senior advocate Rakesh Dwivedi, appearing for poll panel, submitted 99.6 per cent of the 7.24 crore voters in the draft roll had submitted documents and petitioners seeking inclusion of Aadhaar as 12th document would not serve any practical purpose.

The bench referred to provisions of Aadhaar Act of 2016 and the Representation of Peoples Act and said that it not a proof of citizenship but can be considered as a proof of identity.

(With inputs from PTI)