'Aadhaar not a proof of citizenship': Supreme Court backs Election Commission's argument over Bihar SIR

A bench of Justices Surya Kant and Joymalya Bagchi resumed the hearing on pleas challenging Bihar SIR on Tuesday.

Justice Surya Kant highlighted Section 9 of the Aadhaar Act stating the ECI was correct in not considering Aadhaar as the "proof of citizenship".

"See the Election Commission is correct in saying that Aadhar can't be accepted as conclusive proof of citizenship; it has to be verified. See section 9 of the Aadhaar Act," remarked Justice Surya Kant as quoted by Bar & Bench.

"Are petitioners saying that aadhaar card is proof of citizenship? They are not saying that it is not a measure.. the aadhaar act says so," he added.

The Supreme Court also did not agree with the petitioners' argument that people in Bihar do not possess a majority of the ID cards sought by ECI in the voter revision drive.

"This is a case of trust deficiency that's all," Justice Kant said.

When Justice Kant asked the defendant "suppose a person is a voter as on 1.1.2003 and he is alive, and now his children are 18 years of age.. then will his parents have to be show documents?", senior advocate Rakesh Dwivedi replied as quoted by Bar & Bench, "No. Like this 6.25 crore does not have to show documents. He has to just state that the father is in 2003."

The court said results of the Election Commission's ongoing SIR in Bihar can be set aside as late as September, two months before the Assembly election is expected in the eastern state, if illegality is proven in the process.

The assurance was provided in response to arguments about the authority of the Election Commission, which sought 11 documents from Bihar residents to re-verify their voter status.

Election Commission on Aadhaar, Voter and Ration cards

In an affidavit filed in the Supreme Court last month, the ECI opposed the inclusion of Aadhaar cards, Voter ID and Ration cards in the list of documents eligible for the poll body's voter list revision drive.

The EC said the three IDs can't be relied upon as Aadhaar is merely an identity proof, a number of fake Ration Cards are available in the country and considering the existing voter card will make the initiative meaningless.

The ECI has, however, said one's citizenship won't be terminated on the basis of one's name not featuring in the electoral rolls.

The poll body said it did not violate any law or infringe the fundamental rights of citizens by conducting the exercise.