The Supreme Court of India has made strong observations on the Election Commission’s ongoing voter list revision in Bihar, questioning the inclusion of citizenship issues during the special intensive revision process. The court has clarified that while the process is not inherently wrong, the timing of its implementation just before elections is problematic.
Aadhaar Not Proof of Citizenship, Says EC
The Election Commission (EC) submitted that Aadhaar cannot be used as proof of citizenship, leading the Supreme Court to ask why the issue of citizenship verification was raised during the revision process at all. The bench reminded the EC that citizenship verification is under the jurisdiction of the Ministry of Home Affairs, not the EC.
SC Observations on Timing and Legality
Justice Bagchi noted, “There is nothing wrong with a thorough verification to ensure non-citizens are not included in the voter list, but this should have been done earlier—not right before the election.” Justice Dhulia emphasized that once the voter list is finalized and notified, no court will interfere in the electoral process.
Key Takeaways from the Supreme Court Hearing:
- The EC’s move to exclude Aadhaar from required documents is legally valid.
- Citizenship cannot be inferred from Aadhaar, and EC cannot act as the authority to determine citizenship.
- The court’s primary concern is the timing of the revision process, not the process itself.
- Once the final voter list is notified, the court will not entertain challenges.
The court has urged the Election Commission to consider integrating Aadhaar, ration card, and voter ID for identity verification but clarified that citizenship questions must remain with the Home Ministry.
