Include Aadhaar; have mass inclusion, not mass exclusion: Supreme Court to ECI in in Bihar electoral roll case

The Supreme Court on Monday urged the Election Commission of India (ECI) to include Aadhaar in the list of acceptable documents in the ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar. 

The Bench of Justice Surya Kant and Justice Joymalya Bagchi said that any of the documents enlisted by the ECI could be forged and questioned the rationale behind excluding Aadhaar card and Electoral Photo Identity Card (EPIC) alone from the list of acceptable documents.

"Include these two documents. Tomorrow you may see not only Aadhaar but out of 11 they can also be forged. That's a separate issue. But we are [on] mass exclusion. It should be mass inclusion. Please include Aadhaar," the Court remarked.

The Court was hearing a batch of petitions challenging the ECI’s June 24 directive for a Special Intensive Revision (SIR) of electoral rolls ahead of the State assembly polls.

According to the petitioners, the move violates Articles 14, 19, 21, 325, and 326 of the Constitution and deviates from the procedure laid down under the Representation of the People Act, 1950 and the Registration of Electors Rules, 1960.

However, the ECI defended its directive, asserting that it is empowered to undertake such an exercise under Article 324 of the Constitution and Section 21(3) of the Representation of the People Act, 1950.

It maintained that the revision was necessary in light of urban migration, demographic shifts, and long-standing concerns about the accuracy of existing rolls, which had not been intensively revised in nearly twenty years. Aadhaar and ration cards can be obtained through fraudulent or falsified documentation, it said about the list of acceptable documents for voter verification. 

Senior Advocate Rakesh Dwivedi, appearing for ECI, submitted that there are large scale issues with ration cards. He also said that EPICs also cannot be conclusive. However, the Court questioned the stand.

"You say none of the documents are conclusive As per SIR notification.. suppose someone uploads the form with Aadhaar why will you not include it in draft?" Justice Bagchi remarked.

"Why only EPIC etc any documents can be forged. let us proceed with Aadhaar and EPIC Card," Justice Kant added.

Dwivedi said the ECI is accepting Aadhaar but with a supporting document.

Senior Advocate Gopal Sankaranarayanan, who appeared for one of the petitioners, Association of Democratic Reforms (ADR), sought a stay on finalization of the electoral roll. However, Justice Kant said the Court has already clarified that the process cannot be stayed.

At this, Dwivedi said objections can always be filed to the draft. The Court then remarked it can always quash the roll.

"It does not take away our power. Trust us.. as soon as we know anything is wrong.. we will quash everything. You be ready," Justice Kant said.

The Court could not hear the matter today since the Bench had to rise for a meeting with the Chief Justice of India (CJI). It asked the counsel to give a timeline of their submissions.

"Just give us the schedule. We will fix the time . Today's meeting may take some time," Justice Kant said.

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