Court says Aadhaar not conclusive citizenship proof, flags ‘trust deficit’

NEW DELHI: The Supreme Court on Tuesday said there appeared to be a “trust deficiency” surrounding the Election Commission of India’s (ECI) special intensive revision (SIR) of electoral rolls in Bihar, even as it backed the poll body's stand that possession of an Aadhaar card cannot be treated as conclusive proof of citizenship.

- Utkarsh Anand

A bench of justices Surya Kant and Joymalya Bagchi said the first question to be settled was whether ECI had the legal authority to carry out the exercise. “If they don’t have the power, everything ends. But if they have the power, there cannot be a problem. You will have to then tell us about the process,” observed the bench, adding that the court would not hesitate to strike down the entire process if it found that ECI lacked such authority or if “gross illegality” was detected even after the final rolls were published.

The court was hearing multiple petitions challenging ECI's June 24 directive ordering an SIR ahead of the upcoming Bihar assembly polls. Petitioners, which include non-governmental organisations, political leaders and activists, have alleged that the process, if left unchecked, could disenfranchise millions of legitimate voters and undermine free and fair elections.

During the hearing, the court remarked: "This is largely a case of trust deficiency, nothing else." The bench asked ECI to be prepared with detailed facts and figures, including the number of voters before SIR, the tally of voters declared dead earlier and now, and data on inclusions and exclusions.

ECI defended its decision, citing demographic changes, urban migration, and the need to remove inaccuracies from rolls that have not undergone intensive revision for nearly two decades. It maintained that it has plenary powers under Article 324 of the Constitution and Section 21(3) of the Representation of the People Act, 1950 to carry out SIR.