Bihar SIR row: Supreme Court asks poll body to include Aadhaar, EPIC in roll revision

The Supreme Court on Monday raised questions over the Election Commission of India (ECI)'s refusal to accept Aadhaar and Voter ID Elector’s Photo Identity Card (EPIC) as valid documents for the ongoing voter list revision in Bihar. The court expressed concerns over the poll panel's exclusionary stance and potential forgery of documents, emphasising the need for a comprehensive verification process.

A bench led by Justice Suryakant stressed the importance of including Aadhaar and EPIC in the verification process, indicating that 'any document on earth can be forged,' necessitating a robust approach to document verification. The court pressed the ECI for a justification on their reluctance, even though Aadhaar details are collected in registration forms.

On July 10, the Supreme Court had instructed the Election Commission to integrate Aadhaar, EPIC, and ration cards as valid documents for voter registration in Bihar's Special Intensive Revision (SIR). The directive was issued 'in the interest of justice' to ensure a fair electoral process. Despite this, the revision exercise was permitted to proceed.

During the recent hearing, the ECI argued against Aadhaar as proof of citizenship and indicated concerns over the reliability of ration cards due to potential forgeries. Nonetheless, the Commission conceded that Aadhaar could be accepted as proof of identity, considering its current inclusion in registration requirements.

The Supreme Court challenged the apparent inconsistency in the ECI's approach, questioning, “If tomorrow, even the other ten documents you’ve accepted are found forged, where is the mechanism to prevent that? Why allow mass exclusions and not mass inclusions?”

The case stems from a petition contesting the exclusion of documents like Aadhaar and the alleged mass removals from the Bihar electoral rolls. Petitioners have urged the court to prevent the finalisation of the draft list, which they argue could force citizens to contest exclusions individually.

Senior Advocate Gopal Sankaranarayanan, representing the petitioners, sought an interim stay on the publication of the draft rolls scheduled for August 1. However, the Supreme Court opted against halting the publication, stating it would decide on the issues comprehensively.

The court directed the ECI to continue accepting Aadhaar and voter ID for the SIR in Bihar, stating that both documents have a 'presumption of genuineness’. It acknowledged the potential forgery of ration cards but noted that Aadhaar and voter cards hold some degree of authenticity.