Bihar SIR: EC says accept Aadhaar as 12th document, but only as identity proof

NEW DELHI: Election Commission Tuesday issued instructions that Aadhaar card be accepted as the 12th document for inclusion in Bihar's revised electoral roll, in addition to the 11 documents listed in its June 24 special intensive revision (SIR) order. However, the poll panel made it clear that Aadhaar shall be accepted and utilised only as proof of identity and not as proof of citizenship .

The EC's instructions, conveyed in a letter to the Bihar chief electoral officer, are in pursuance of Supreme Court's directions issued Monday.

While asking for Aadhaar card to be treated as the 12th document accepted with the signed declaration to be attached with the SIR enumeration form, EC cited section 9 of Aadhaar (Delivery of Financial And Other Subsidies, Benefits and Services) Act, 2016 that states "Aadhaar number or the authentication thereof, shall not, by itself, confer any right of, or be proof of citizenship or domicile in respect of Aadhaar number holder".

This means that though Aadhaar number, once authenticated, can be taken as proof of identity, the applicant will still need to submit one of the 11 listed documents, or an alternative document since the list is only indicative and not exhaustive, to establish Indian citizenship, a key criteria laid down by Article 326 of the Constitution for enrolment as an elector.

EC Tuesday said section 23(4) of Representation of People Act , 1950, already enumerates Aadhaar as one of the documents for the purpose of establishing a person's identity. Even the enumeration form under SIR has an Aadhaar field; it comes pre-filled for electors included in the 2003 roll and have shared their Aadhaar, or must be filled by applicant on a voluntary basis.

The commission Tuesday directed the Bihar CEO to bring its directive on Aadhaar, to the knowledge of all district election officers, electoral registration officers, assistant EROs and other authorities for "strict implemention". Any instance of non-compliance in accordance with the directive will be treated with utmost seriousness, said EC.