NEW DELHI: In response to a question on whether Aadhaar card will be considered in the national Special Intensive Revision (SIR) of electoral rolls after Supreme Court relief in Bihar SIR, Chief Election Commissioner (CEC) Gyanesh Kumar on Sunday said Aadhaar card cannot be considered a proof of citizenship under the Representation of the People Act 1950 and the Aadhaar Act.
Also Read: On Bihar SIR, SC says Aadhaar proof of identity but not citizenship - what it means
Kumar made the remarks during a press conference in Patna, focusing on poll preparedness ahead of the elections in Bihar.
"According to the Supreme Court's orders and under the Aadhaar Act, the document cannot be considered proof of date of birth, proof of residence, or proof of citizenship. The ECI had requested Aadhaar card within the enumeration form itself. Providing your Aadhaar number is not mandatory under the Aadhaar Act, nor under Section 26 of the Representation of the People Act, 1950. It is optional. It depends on the Aadhaar holder,” the CEC said, according to ANI.
"Even under the Aadhaar Act, the Aadhaar card is neither proof of residence nor proof of citizenship. If anyone got Aadhaar card after 2023 or downloaded it after 2023, the Aadhaar card itself, under several orders of the Supreme Court, states that the Aadhaar card is not proof of date of birth...The Supreme Court did say, and we are following that order, that Aadhaar cards should be accepted. We were also accepting Aadhaar cards in the enumeration form and still are... However, the Supreme Court also stated in its order that the Aadhaar card will not be proof of citizenship....the Supreme Court has also stated that it is not proof of citizenship. Other documents may be required for eligibility," he added.
On September 8, a Supreme Court bench comprising Justices Surya Kant and Joymala Bagchi directed the ECI to accept Aadhaar as the 12th prescribed document for establishing voter identity in the SIR of electoral rolls in Bihar. Previously, voters could submit any of the 11 types of identity documents along with their enumeration forms.
Also Read: Ruling on validity of Bihar SIR will apply in same rigour to pan-India exercise, says SC
The bench, however, emphasised that while Aadhaar can certify a person’s identity, it does not establish citizenship, citing both the Aadhaar Act, 2016, and the Representation of the People Act.
The order followed petitions filed by the RJD, which heads the opposition Mahagathbandhan coalition in Bihar, and other petitioners. They argued that the ECI was not accepting Aadhaar as a stand-alone document for electoral roll inclusion and was insisting on one of the eleven documents specified in the SIR notification.
Also Read: On Bihar SIR, SC says Aadhaar proof of identity but not citizenship - what it means
Kumar made the remarks during a press conference in Patna, focusing on poll preparedness ahead of the elections in Bihar.
"According to the Supreme Court's orders and under the Aadhaar Act, the document cannot be considered proof of date of birth, proof of residence, or proof of citizenship. The ECI had requested Aadhaar card within the enumeration form itself. Providing your Aadhaar number is not mandatory under the Aadhaar Act, nor under Section 26 of the Representation of the People Act, 1950. It is optional. It depends on the Aadhaar holder,” the CEC said, according to ANI.
"Even under the Aadhaar Act, the Aadhaar card is neither proof of residence nor proof of citizenship. If anyone got Aadhaar card after 2023 or downloaded it after 2023, the Aadhaar card itself, under several orders of the Supreme Court, states that the Aadhaar card is not proof of date of birth...The Supreme Court did say, and we are following that order, that Aadhaar cards should be accepted. We were also accepting Aadhaar cards in the enumeration form and still are... However, the Supreme Court also stated in its order that the Aadhaar card will not be proof of citizenship....the Supreme Court has also stated that it is not proof of citizenship. Other documents may be required for eligibility," he added.
On September 8, a Supreme Court bench comprising Justices Surya Kant and Joymala Bagchi directed the ECI to accept Aadhaar as the 12th prescribed document for establishing voter identity in the SIR of electoral rolls in Bihar. Previously, voters could submit any of the 11 types of identity documents along with their enumeration forms.
Also Read: Ruling on validity of Bihar SIR will apply in same rigour to pan-India exercise, says SC
The bench, however, emphasised that while Aadhaar can certify a person’s identity, it does not establish citizenship, citing both the Aadhaar Act, 2016, and the Representation of the People Act.
The order followed petitions filed by the RJD, which heads the opposition Mahagathbandhan coalition in Bihar, and other petitioners. They argued that the ECI was not accepting Aadhaar as a stand-alone document for electoral roll inclusion and was insisting on one of the eleven documents specified in the SIR notification.
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