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The Supreme Court of India has directed the Election Commission of India (ECI) to include Aadhaar as one of the 12 valid documents for voter verification in Bihar’s Special Intensive Revision (SIR) of electoral rolls. This intervention corrects a flawed process that excluded lakhs of eligible citizens, especially the poor and marginalized, due to lack of traditional identity documents.

Introduction

Free and fair elections form the bedrock of democracy. Electoral roll accuracy is critical to ensuring universal suffrage. However, bureaucratic rigidity in the verification process risked disenfranchising genuine voters. The SC’s intervention restores procedural fairness, inclusivity, and the constitutional guarantee of the right to vote.

Key Issues Highlighted

  1. Flawed ECI Reasoning
    • ECI earlier excluded Aadhaar, citing it as proof of residence, not citizenship.
    • The SC dismantled this logic, stressing that other documents like passports or birth certificates also do not conclusively prove citizenship.
  2. Exclusionary Outcomes
    • ECI’s flawed revision exercise had already excluded over 65 lakh electors in Bihar.
    • The Hindu analysis showed anomalies: women disproportionately removed, improbable death rates, and suspicious “permanent shifts” of residents.
  3. Impact on Marginalized Groups
    • Documents like passports are held by only 2% of citizens.
    • Excluding Aadhaar would have disproportionately impacted the poor, migrant workers, and married women, erecting barriers to genuine voting rights.

Policy and Ethical Dimensions

  • Procedural Justice: SC emphasized that procedural rigidity must not trump substantive justice.
  • Equity and Inclusion: Aadhaar inclusion ensures that the most vulnerable sections are not silenced in democracy.
  • Constitutional Morality: The verdict reinforces the right to vote as a constitutional guarantee that must not be curtailed by administrative oversights.

Implications

  1. For Bihar: Immediate relief for lakhs of excluded voters, making the rolls more representative.
  2. For the ECI: Sets precedent for future nationwide revisions – focus on inclusivity, house-to-house verification, and accuracy.
  3. For Democracy: Strengthens citizen trust in electoral processes, reducing disenfranchisement risks.

Suggestions for the Way Forward

  • ECI must adopt humane, diligent, and participatory approaches to verification.
  • Use digital tools and field verification simultaneously, not mechanically.
  • Civil society inputs must be integrated before such large-scale revisions.
  • Establish clearer standards for document authenticity checks.

Conclusion


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