The Supreme Court on Monday urged the Election Commission of India (ECI) to include Aadhaar and Electoral Photo Identity Cards (EPIC) in the list of acceptable documents for the ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar.
A Bench comprising Justice Surya Kant and Justice Joymalya Bagchi questioned the rationale behind excluding these widely used documents. “Include these two documents. Tomorrow you may see not only Aadhaar but out of 11 they can also be forged. That’s a separate issue. But we are [on] mass exclusion. It should be mass inclusion. Please include Aadhaar,” the Court remarked.
The remarks came during the hearing of a batch of petitions challenging the ECI’s June 24 directive to carry out a Special Intensive Revision ahead of the Bihar Assembly elections. Petitioners, including the Association for Democratic Reforms (ADR), argued that the directive violates constitutional protections under Articles 14, 19, 21, 325, and 326 and is inconsistent with the procedures outlined in the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960.
The ECI defended its position, asserting that the revision was justified under Article 324 of the Constitution and Section 21(3) of the 1950 Act. It cited concerns over urban migration, demographic shifts, and outdated rolls that had not seen intensive revision for nearly two decades. The Commission also raised concerns about the reliability of certain documents, saying, “Aadhaar and ration cards can be obtained through fraudulent or falsified documentation.”
Senior Advocate Rakesh Dwivedi, representing the ECI, said, “There are large scale issues with ration cards,” and argued that EPICs “also cannot be conclusive.”
However, the Bench was not convinced. Justice Bagchi asked, “You say none of the documents are conclusive… As per SIR notification… suppose someone uploads the form with Aadhaar, why will you not include it in draft?” Justice Kant added, “Why only EPIC etc? Any documents can be forged. Let us proceed with Aadhaar and EPIC card.”
Dwivedi clarified that Aadhaar was being accepted, but only with a supporting document.
Senior Advocate Gopal Sankaranarayanan, appearing for ADR, requested a stay on the finalization of the electoral roll. Justice Kant declined, saying the Court had already made its position clear: “The process cannot be stayed.”
Dwivedi noted that objections can still be filed once the draft roll is published. The Court responded that it retains the power to intervene at any stage. “It does not take away our power. Trust us… as soon as we know anything is wrong… we will quash everything. You be ready,” Justice Kant warned.
The hearing was adjourned as the Bench had to attend a meeting with the Chief Justice of India. “Just give us the schedule. We will fix the time. Today’s meeting may take some time,” Justice Kant told the counsels.
(With inputs from Bar and Bench)
Subscribe to our channels on Telegram, WhatsApp, and Instagram and get the best stories of the day delivered to you personally.
