Aadhaar accepted for voter list but not citizenship

Supreme Court rules out Aadhaar Card as proof of citizenship

• In a landslide ruling regarding the ongoing controversy over voter list revision in Bihar, the Supreme Court ruled out Aadhaar Card as proof of citizenship.
• The Supreme Court clarified that Aadhaar will be accepted as the 12th document in the list of acceptable identity proofs for the purpose of inclusion or exclusion from the voter list.
• But the Supreme Court cleared that the Aadhaar will be verified to check for authenticity and genuineness of it, like all the other enumerated documents.
• The Aadhaar may be verified by seeking further documents/proof.
• The Election Commission will issue further instructions concerning this.

• The Supreme Court ordered that the Aadhaar Card will be treated as the 12th document in the list of enumerated acceptable identity proofs under the voter registration framework.
• This addition aligns with the provisions of the Representation of the People Act, 1950, which permits various documents to be used for verifying the identity of voters.
• However, the Supreme Court demarcated the fine line between identity and citizenship, stressing on the point that Aadhaar Card can be used for establishing identity but not citizenship.
• Talking about the Aadhaar Act and pertinent statutory provisions, the court reiterated, “We clarify Aadhaar card is not proof of citizenship and will not be accepted as proof of citizenship.”
• Officials handling voter registration will also have the authority to verify the authenticity of Aadhaar cards, just as they do with any other identity document submitted.
• "Aadhaar card shall be treated as the 12th document by authorities. However, it is clarified that authorities shall be entitled to verify the authenticity and genuineness of the Aadhaar card itself. It shall not be accepted as proof of citizenship. ECI shall issue instructions in this regards during the course of the day," the court said.
• During the proceedings, the Election Commission of India (ECI), represented by its counsel, stated that Aadhaar would be used in line with applicable legal provisions.
• The Commission is now likely to release official guidelines for electoral officers to facilitate the implementation of this directive in Bihar.

Editor’s Note

• The Supreme Court’s ruling comes at a time when the ongoing controversy in Bihar regarding voter list revision, the ruling makes it clear that the Aadhaar Card will be treated as a proof of identity but not as a proof of citizenship. This means that the Aadhaar Card will be treated as the 12th document in the list of enumerated documents to verify proof of identity. The real question that remains is whether the decision will backfire or not given the current state of affairs.