Supreme Court Emphasizes Validity of Aadhaar and Voter ID in Bihar SIR Case; Questions Election Commission's Exclusion, Advocates Inclusive Process.
Bihar SIR Case: During the hearing on Monday regarding the ongoing dispute over the Special Intensive Revision (SIR) of voter lists in Bihar, the Supreme Court made significant observations. The court clarified that Aadhaar cards and Voter ID cards (EPIC) should be accepted as valid documents. The bench of Justice Surya Kant and Justice Joymalya Bagchi expressed deep concern over the Election Commission of India's (ECI) intention to reject these two key documents for verification.
Why Did the Court Raise Questions?
During the hearing, the bench stated that forgery is possible with any document, so singling out Aadhaar and EPIC is not appropriate. The court clarified that when 11 other documents are being recognized, there is no logical basis for excluding Aadhaar and EPIC. The court said, "You may tomorrow say that all 11 documents are also forged. That is a different matter, but on this basis, we cannot isolate these two documents."
Election Commission's Arguments and Court's Response
The ECI argued that Aadhaar or EPIC were not considered mandatory documents for the revision of voter lists. However, the court questioned this, asking why there is hesitation in recognizing Aadhaar when the information is requested in the registration form. The bench sought clarification from the Election Commission as to why Aadhaar and EPIC are not being fully accepted.
Inclusion vs. Exclusion: The Court's Stance
During the hearing, the Supreme Court made a significant point. The court stated that in the matter of documents, there should be "collective inclusion" rather than "collective exclusion." That is, if a document meets the criteria of validity, it should not be excluded from the process. In this context, the court specifically mentioned Aadhaar and EPIC and directed that these documents be included in the list.
Which Order is Being Challenged?
This case is related to the Election Commission's directive of June 24, 2024, which called for the initiation of a special intensive revision of the voter list in Bihar before the assembly elections. Several petitions have been filed against this order. The petitioners have presented this directive as a violation of Article 14 (right to equality), 19 (freedom of expression), 21 (right to life), 325, and 326 (right to vote) of the Constitution. Additionally, there is an allegation of deviation from the procedures prescribed under the Representation of the People Act, 1950, and the Voter Registration Rules, 1960.
Election Commission's Defense
The ECI has denied these charges, stating that it has full authority to revise the voter list under Article 324 of the Constitution and Section 21(3) of the Representation of the People Act, 1950. The Commission clarified that this process is transparent and does not involve any form of discrimination.
