Paper: GS – II, Subject: Polity, Topic: Judiciary, Issue: EC to Consider Aadhaar, EPIC (elector photo identity card), and Ration Cards.
Context:
The Supreme Court’s directive to the Election Commission (EC) regarding the ongoing special intensive revision (SIR) of voter lists in Bihar.
- The court has asked the EC to consider Aadhaar, EPIC (elector photo identity card), and ration cards as valid proof for voter registration, emphasizing the importance of the right to vote and raising questions about the nature and timing of the revision process.
Key Takeaways:
Key Points from the Supreme Court Hearing:
- Court’s Directive: The Supreme Court instructed the Election Commission (EC) to consider Aadhaar, EPIC, and ration cards as valid proof for voter registration during the special intensive revision (SIR) of electoral rolls in Bihar.
- Non-Exhaustive List: The court acknowledged the EC’s submission that the current list of 11 documents for voter verification is not exhaustive.
- No Stay Order: The court allowed the SIR in Bihar to proceed without any interim stay order. The next hearing is scheduled for July 28, before the draft electoral rolls are published in August.
- Judicial Review Focus: The court’s review will focus on the EC’s authority to conduct the SIR, the methodology employed, and the timing of the revision, which the court deemed “very short.”
- Nature of Revision: The court questioned whether the revision in Bihar qualifies as either a “summary” or “special” revision as defined under Section 21 of the Representation of the People Act, 1950.
- Importance of the Issue: Justice Dhulia emphasized the significance of the issue, stating that it “goes to the very roots of our democracy” and concerns the fundamental right to vote.
| What is the Election Commission of India? About: The Election Commission of India (ECI) is an autonomous constitutional authority responsible for administering Union and State election processes in India. It was established in accordance with the Constitution on 25th January 1950 (celebrated as National Voters’ Day). The secretariat of the commission is in New Delhi. The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President and Vice President in the country.It is not concerned with the elections to panchayats and municipalities in the states. For this, the Constitution of India provides for a separate State Election Commission.Constitutional Provisions: Part XV (Article 324-329): It deals with elections and establishes a commission for these matters. Article 324: Superintendence, direction and control of elections to be vested in an Election Commission. |
Election Commission’s Objections to Aadhaar:
- Not Proof of Citizenship: The EC argued that Aadhaar is primarily a document for identity verification and not proof of citizenship.
- Issued to Non-Citizens: The EC highlighted that Aadhaar is also issued to non-citizens who are ordinarily resident in a particular location.
- Aadhaar Act: The EC’s counsel, Rakesh Dwivedi, stated that “The Aadhaar Act clearly says it is not proof of citizenship. The EC cannot exalt the status of the Aadhaar.”
Conclusion:
- The Supreme Court’s intervention highlights the importance of ensuring a fair and inclusive voter registration process.
- By directing the EC to consider Aadhaar, EPIC, and ration cards as valid proof of identity, the court aims to make it easier for eligible citizens to exercise their right to vote.
- The court’s continued scrutiny of the SIR in Bihar underscores its commitment to upholding democratic principles and protecting the rights of all citizens.
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