SC Pushes for Stronger Voter ID Measures in Bihar Using Aadhaar and Other Documents

The Supreme Court has ordered the Election Commission (EC) to accept Aadhaar, Elector Photo Identity Card (EPIC) and the ration cards as valid documentations in the ongoing Special Intensive Revision (SIR) electoral rolls in the state of Bihar. It considered that the list of 11 acceptable documents published by the EC was not comprehensive, and the inclusion was to be broader so that the voter registration would be more inclusive and reachable to a maximum number of voters. The EC previously opposed Aadhaar because of the risk to citizenship. The SC proceeded to stress that although not evidence of citizenship, Aadhaar can be used as an identity check. This decision puts into perspective crucial problems of voter rights, identity and election integrity.

Context

  • The Election Commission had taken an initiative of Special Intensive Revision of electoral rolls in Bihar.
  • Petitioners asserted that the voter registration was being denied by the generally accepted identity documents like Aadhaar and ration cards.
  • The supreme court came in and said that there is a right to vote and restrictive documentation is against the democratic right to vote.

Key for RAS Mains

Supreme Court’s Decision

Directive

Explanation

Accept Aadhaar, EPIC, and Ration Cards

These are now to be considered valid for voter registration and verification.

Document list not exhaustive

The court criticized EC's limited list and pushed for a more inclusive approach.

Clarified Aadhaar Use

While Aadhaar is not proof of citizenship, it is widely used to establish identity.

Democratic Principle

The court emphasized that voter registration must be inclusive, not exclusionary.

Key Documents

Aadhaar

  • Definition: ID number of 12 unique digits that is issued by UIDAI.
  • Features: Biometrically (iris, fingerprints) linked, related to a name, date of birth and address.
  • Limit: Is not a legal document of citizenship; can be used by all residents.
  • Applications: Banking, welfare programmes, income tax, mobile interconnection.

Voter ID (EPIC)

  • Definition: An ERONET system issued a unique identification number issued by EC.
  • Answer: Deterrent to voter fraud and voter impersonation.
  • Characteristics: Connects the voters with the constituency and the polling stations.
  • Compulsory: In electoral matter participation.

Ration Card

  • Definition: Certificate manifested under the national food security act, 2013.
  • Purpose: Gives households their right to subsidized food grains.
  • Types:
    • PHH 5kgs/person/month.
    • AAY 35 kg a month/family.
    • (Old classification such as APL/BPL no longer exists in most states.)
  • Limitation: Once more not a documentary of citizenship, but residence and identity.

Arguments Presented

In Support of SC Order

  • Identity Vs Citizenship: To determine their identity and validity as a voter, all verification asks is that they should have identification and not necessarily citizenship.
  • Inclusivity: Important papers such as Aadhaar and ration cards are widely held and as a result, registration has been simplified.
  • Administrative Convenience: Aadhaar is already mapped with numerous government services and it is convenient to authenticate.
  • Democratic Right: Poorest or marginalized people may become disenfranchised by barriers to registration.

Issues of the Election Commission

  • Aadhaar is not a Proof of citizenship: Might lead to the enrolling of non-citizens in case of using it alone.
  • Chance of Duplication: That is, it is possible that relating to only Aadhaar would not avoid multiple registrations across states.
  • Security and Privacy: There is a concern about the privacy of the data when aadhaar is used in the elections.

Constitutional & Legal Perspective

Article

Provision

Article 326

Right to vote in elections based on adult suffrage.

Representation of People Act, 1950

Governs preparation and revision of electoral rolls.

Aadhaar Act, 2016

Clarifies that Aadhaar is not proof of citizenship.

PUCL vs Union of India (2013)

The Supreme Court struck down compulsory Aadhaar linking for services.

Governance relevance

  • Access vs Integrity: Electoral reforms have to favor both access and sound integrity.
  • Technological Integration: Electoral authentication technology needs to be based on Aadhaar but should recognize the area of privacy, duplication as well as exclusion errors.
  • States Specific Reforms: Bihar case can serve to be a precedent in other states that struggle in managing voter rolls.

Way Forward

Area

Recommendations

Verification Protocol

Use multi-layered verification: Aadhaar + other documents for cross-checking citizenship.

Legal Clarity

EC should issue clear guidelines listing valid documents with rationale.

Digital Safeguards

Ensure privacy and consent-based use of Aadhaar data.

Standardised Practices

All states should follow a uniform voter verification protocol aligned with democratic rights.

Conclusion for RPSC

In the case of Bihar electoral roll, the directive of the Supreme Court emphasizes the importance of encompassing the democratic process. Although Aadhaar and ration cards might not act as a way of proving citizenship, it is reasonably used in identity and residence verification. The decision brings out the fact that there is a need to strike a balance between voter access and electoral integrity, so long as no citizen should be left behind in the exercise of his or her constitutional right to vote over discredited bureaucratic obstacles or the limitation of voting list portfolios

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