Explainer: Why SC has overruled EC & included Aadhaar in Bihar electoral roll revision-OxBig News Network

Aadhaar’s non-inclusion among the set of 11 documents mandated by the Election Commission to prove domicility or citizenship of voters in Bihar during the ongoing special intensive revision (SIR) of electoral rolls has turned into a full blown controversy. The Opposition claims it is aimed at excluding millions of migrant voters, both poor and Dalit, in the garb of weeding out illegal immigrants.

A two-judge Bench of the Supreme Court on Wednesday directed the ECI to consider Aadhaar, Election Photo Identity Card (EPIC) and ration card also for voter registration. The ECI had asked voters to give any one of the following 11 documents to indicate that the voter is not an illegal immigrant or one who has managed to sneak his name into the rolls, which were revised in 2003.

What are EC’s 11 documents

1. Any identity card/Pension Payment Order issued to a regular employee, pensioner of any central or state government or a Public Sector Unit

2. Any identity card, certificate, document issued by the government, local authorities, banks, post office, LIC, PSUs prior to July 1, 1987

3. Birth certificate

4. Passport

5. Matriculation or other educational certificates issued by recognised boards, universities

6. Permanent residence certificate

7. Forest right certificate

8. OBC/SC/ST or any caste certificate issued by the competent authority

9. National Register of Citizens

10. Family register prepared by state or local authorities

11. Any land or house allotment certificate by the government.

What is EC’s objection to Aadhaar

EC believes Aadhaar is only a document to authenticate identity, not citizenship. EC’s counsel Rakesh Dwived told the court that Aadhaar was also issued to non-citizens. “The ECI cannot exalt the status of the Aadhaar,” Dwivedi said.

Supreme Court’s view

The two-judge Bench of Justices Sudhanshu Dhulia and Joymalya Bagchi in its short order said ECI’s 11-document list is not exhaustive, which is why “in the interest of justice”, the EC should also consider Aadhaar, EPIC — which is issued by the ECI itself — and ration card. Justice Dhulia said Aadhaar a primary document of identity and pointed out that SIR was, in fact, about proving the identity of a person who wanted to exercise her right to vote.

Justice Dhulia cited the example of seeking a caste certificate, for which Aadhaar is needed, because it is a pre-requisite for getting other documents. “Caste certificate is one of the documents among the 11, but not Aadhaar? The entire exercise of SIR is about identity only. You want to know whether this person is A or B,” Justice Dhulia asked. Justice Bagchi agreed that none of the 11 documents the ECI had listed in its June 24 notification were telltale ones for citizenship.

What happens now

The SC Bench has not passed any interim order of stay as the petitioners did not press for a stoppage of the exercise. The matter is now listed for July 28, mere days before the publication of the draft electoral rolls in Bihar on August 1.

However, the Bench noted that its judicial review of SIR would focus on the EC’s power to undertake this exercise, the way it is being held as well as the timing, which it noted, was too short.