SC Hearing on Aadhaar Card as Proof of Citizenship
The Supreme Court recently discussed the validity of Aadhaar Card as proof of citizenship during the ongoing hearing of the Bihar SIR. This discussion arose after senior advocate Gopal Sankaranarayanan raised concerns regarding the Election Commission’s stance on Aadhaar. While Aadhaar is considered a valid document under the Representation of Peoples Act, the poll panel is not accepting it as proof for the Bihar SIR.
Key Points from the Hearing
During the hearing, Senior Advocate Rakesh Dwivedi, representing the EC, stated that Aadhaar Card cannot validate citizenship. Justice Sudhanshu Dhulia highlighted that the issue of citizenship falls under the Ministry of Home Affairs and not the Election Commission.
The EC, citing Article 326 of the Constitution, defended its authority to check for citizenship as a criterion for voting. However, the timing of this exercise, which started in late June, was questioned by the SC bench.
Questions Raised in the Hearing
The bench expressed concerns about the potential denial of voting rights if individuals need to appeal against the EC’s decisions. It also questioned the necessity of linking citizenship verification to upcoming elections.
Opposition politicians and petitioners criticized the timing of the process, labelling it arbitrary and discriminative. Transparency group ADR and political figures like Yogendra Yadav and Mahua Moitra have challenged the EC’s notification citing constitutional provisions.
Concerns Over Voter Disenfranchisement
The petitioners argue that the verification process burdens citizens, especially those in Bihar with historical migration and poverty issues. The requirement for documents dating back decades could disenfranchise millions of eligible voters.
Political parties like Congress and RJD have condemned the EC’s notification, alleging it could disenfranchise a significant portion of the electorate. Leaders like Rahul Gandhi and Tejashwi Yadav have protested against the exercise, raising concerns about voter suppression.
The hearing continues as the SC deliberates on the legality and implications of the Bihar SIR and its impact on voting rights.
