New Delhi, July 28: The Supreme Court on Monday urged the Election Commission of India (ECI) to include Aadhaar and Electoral Photo Identity Card (EPIC) among the acceptable documents for voter verification in the ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar.
A Bench comprising Justice Surya Kant and Justice Joymalya Bagchi questioned the ECI’s decision to exclude Aadhaar and EPIC, pointing out that any of the currently accepted documents could potentially be forged.
“Include these two documents. Tomorrow, not only Aadhaar but any of the 11 accepted documents can be forged. That’s a separate issue. But right now, we are dealing with mass exclusion—it should be mass inclusion. Please include Aadhaar,” the Court observed.
The remarks came while hearing multiple petitions challenging the ECI’s June 24 directive for a Special Intensive Revision of electoral rolls ahead of the upcoming Bihar Assembly elections.
Petitioners' Arguments
The petitioners, including the Association of Democratic Reforms (ADR), argued that the directive violates Articles 14, 19, 21, 325, and 326 of the Constitution. They claimed the move also deviates from procedures set under the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960.
ECI’s Stand
In its defense, the ECI asserted its authority under Article 324 of the Constitution and Section 21(3) of the Representation of the People Act, 1950, to conduct such a revision. The Commission argued that the move was essential to address urban migration, demographic changes, and persistent concerns about the accuracy of electoral rolls, which have not been thoroughly updated in nearly two decades.
Senior Advocate Rakesh Dwivedi, appearing for the ECI, pointed out that documents like ration cards and even EPICs are prone to misuse or fraud. However, the Court was not convinced by this selective exclusion.
“You say none of the documents are conclusive. As per the SIR notification, if someone uploads Aadhaar, why won’t you accept it in the draft?” asked Justice Bagchi.
Echoing this sentiment, Justice Kant added, “Why exclude only EPIC and Aadhaar? Any document can be forged. Let us proceed with Aadhaar and EPIC.”
Dwivedi clarified that Aadhaar is accepted by the Commission, but only when submitted with a supporting document.
No Stay, But Warning from the Bench
Senior Advocate Gopal Sankaranarayanan, appearing for ADR, requested a stay on the finalization of the revised electoral roll. However, Justice Kant reiterated that the Court has already made it clear that the revision process cannot be halted.
In response, Dwivedi said objections could be raised once the draft is published. The Court, however, warned that it retains the authority to strike down the entire revision process if required.
“It does not take away our power. Trust us—as soon as we see something wrong, we’ll quash everything. You be ready,” Justice Kant stated.
Next Hearing
The matter could not proceed further on Monday due to a scheduled meeting between the Bench and the Chief Justice of India. The Court directed all counsel to provide a timeline for their arguments.
“Just give us the schedule. We will fix the time. Today's meeting may take some time,” said Justice Kant.
