Bihar electoral roll revision: EC tells SC 'Aadhaar card not a proof of citizenship'
The Supreme Court was hearing on a batch of pleas challenging the Election Commission's decision to undertake a special intensive revision (SIR) of electoral rolls in the poll-bound Bihar.
The case was heard by a partial working day (PWD) bench comprising Justices Sudhanshu Dhulia and Joymalya Bagchi. Senior advocates Rakesh Dwivedi, KK VenuGopal and Maninder Singh representated the Election Commission. Senior advocate Gopal Sankaranarayanan appeared for one of the petitioners.
The bone of contention in the July 10 hearing was the provision in the EC's June 24 directive that sought a large section of people in Bihar to prove their Indian citizenship to take part in the Bihar Asembly Elections 2025.
The last 'Intensive Revision' in Bihar took place in 2003. The Election Commission said the people whose names were in the voter list till 2003 do not need to submit any document, as there was a detailed revision at that time.
However, other (enrolled after 2003) must provide one or more documents from a list of 11 (along with a pre-filled enumeration form for existing electors) to establish their date and/or place of birth – which, in turn, is used to determine citizenship.
Those not listed in the 2003 roll will need to submit a document for their date of birth/place of birth as per their birthdate as follows: individuals born before 1st July 1987, to provide a document for themselves, those born between 1st July 1987 and 2nd December 2004, to include documents for themselves and one parent, Individuals born after 2nd December 2004, to submit documents for themselves and both parents.
Electors whose parents' names were on the Electoral Roll as of 01.01.2003, need not submit any additional documents relating to their parents, PTI reported.
The Supreme Court questioned the timing of the EC's electoral roll revision. The court told the poll body that it should have acted early if it wanted to check citizenship under SIR of electoral rolls in Bihar. 'Isn't it too late now for that?,' the court reportedly said.
The Bench was quoted by Live Law as saying, "There is nothing wrong in you [EC] purging electoral rolls through an intensive exercise in order to see that non-citizens don't remain on the role. But if you decide only a couple of months before a proposed election..."
The SUpreme Court also asked the Election Commission: 'Why are you getting into citizenship issue in special revision of electoral rolls in Bihar? It is domain of MHA [Ministry of Homes Affairs].'
The Election Commission said the citizenship is required to be checked for being voter in India under Article 326 of Constitution.
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