Bihar SIR: Supreme Court says those excluded from draft voters' list can submit Aadhaar to claim inclusion

The Supreme Court on Friday said that people excluded from the draft electoral roll during during the ongoing Special Intensive Revision (SIR) in Bihar can submit Aadhaar card along with the requisite form to object to their exclusion.

The Bench of Justices Surya Kant and Joymalya Bagchi said the people can submit their objections with "any of the 11 documents [mentioned in Form 6 by Election Commission of India (ECI)] or Aadhaar card".

This effectively means that Aadhaar can be used as proof to get oneself included in the voters' list.

The Court also clarified that the people or Booth Level Agents (BLAs) can submit the objections online without the need to file physical documents. Further, the Court ordered that when forms are submitted physically, the booth-level officers shall provide an acknowledgement receipt.

The Court further asked political parties to assist the people who have been excluded from the draft electoral roll. It expressed surprise at the submission that only two objections have come from BLAs of political parties.

The Court was hearing a batch of petitions challenging the ECI’s June 24 directive ordering an SIR of electoral rolls ahead of the upcoming Bihar assembly elections.

One of the petitioners, Association of Democratic Reforms (ADR), argued that the SIR can arbitrarily and without due process disenfranchise lakhs of citizens from electing their representatives, thereby disrupting free and fair elections and democracy in the country. 

On the other hand, the ECI defended its June 24 directive, asserting that it has plenary powers under Article 324 of the Constitution and Section 21(3) of the Representation of the People Act, 1950 to conduct a revision of electoral rolls. 

On August 6, the Court was told that 65 lakh names were dropped from the draft electoral roll published on August 1. The ECI in a response assured the Court that no name will be struck off the draft electoral roll without prior notice, a hearing opportunity and a reasoned order from the competent authority.

On August 14, the Court had directed the ECI to upload the list of 65 lakh voters proposed to be deleted during the SIR. The Court was today told that the direction has been complied with.

Read more about the hearing here.

Read live coverage of hearing here.