'Aadhaar, EPIC, ration cards not proof of voter eligibility'
New Delhi, July 22 -- The Election Commission of India (ECI) on Monday defended its ongoing special intensive revision (SIR) of electoral rolls in Bihar, telling the Supreme Court that Aadhaar, voter identity or ration cards cannot be accepted as proof of voter eligibility and asserting its constitutional authority to demand evidence of citizenship.
In a detailed affidavit submitted on Monday evening, the poll body argued that its powers under Article 324 of the Constitution provide it with plenary authority to supervise and direct all aspects of elections, including the preparation of electoral rolls. This constitutional mandate, it contended, empowers the Commission to scrutinise voter eligibility, including the requirement of Indian citizenship as prescribed under Article 326. The poll watchdog said failing to prove citizenship for voter registration did not amount to termination of one's citizenship.
The affidavit comes in response to a batch of petitions filed by several Opposition parliamentarians and civil society organisations, which challenge the legality, timing, and manner of the SIR exercise. The top court, on July 10, agreed to examine the validity of SIR and urged that the draft rolls should not be finalised pending further orders. The court had also asked ECI to consider Aadhaar cards, voter IDs and ration cards, as acceptable proof of eligibility for inclusion in electoral rolls.
The poll body appeared to reject the top court's suggestion, but underlined that the list of 11 documents, which are being currently accepted, is "illustrative and not exhaustive."
The matter is listed for hearing on July 28. Opposition parties and activists have alleged that the exercise could lead to mass disenfranchisement or violates statutory provisions.
Refuting the petitioners' contention that only the central government is competent to determine citizenship under the Citizenship Act, 1955, ECI argued that this interpretation is "patently erroneous" and ignores its constitutional and statutory duties.
"The exclusive powers of the central government under Section 9 are confined to reviewing the acquisition of foreign citizenship... ECI is fully competent to require a person claiming citizenship by birth to produce relevant documents for inclusion in the electoral roll," the affidavit stated.
The commission said its powers stem not just from Article 324, but also from Article 326, and Sections 16 and 19 of the Representation of People Act, 1950 (RP Act), which obligate it to ensure that only eligible citizens, who meet the criteria of age, ordinary residence, and Indian citizenship, are included in the rolls.
Article 324 vests ECI with the power of superintendence, direction and control over the conduct of elections and preparation of electoral rolls, while Article 326 mandates that only Indian "citizens" aged 18 or above are entitled to vote. Sections 16 and 19 of the 1950 Act further define the qualifications and disqualifications for voter registration, including citizenship, age, and ordinary residence. Notably, the commission clarified that failure to prove citizenship for voter registration did not amount to termination of one's citizenship. "Determination of non-eligibility under Article 326 will not lead to cancellation of citizenship," it stated, while stressing that the SIR is an inclusionary exercise aimed at ensuring purity of electoral rolls.
In its affidavit, ECI also explained why Aadhaar, ration cards, and existing Elector Photo Identity Cards (EPIC) have not been included as standalone documents for establishing voter eligibility. "Aadhaar is merely proof of identity. it does not help in screening the eligibility under Article 326," the commission stated, though it clarified that Aadhaar can be used to supplement other documents.
Ration cards too were not accepted as reliable identity proof due to the "widespread existence of fake ration cards," though EROs have discretion to accept them on a case-by-case basis....
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