'Patently absurd': NGO on EC's refusal to accept Aadhaar, Voter ID, rational card in Bihar SIR

New Delhi: NGO Association for Democratic Rights on Saturday questioned before the Supreme Court the refusal by the Election Commission to accept Aadhaar, Voter ID, and ration card as valid “standalone” proof for inclusion in the electoral roll during the Special Intensive Revision (SIR) and called it “patently absurd”.

On July 10, the Supreme Court had asked the top poll body to consider these three documents for the SIR, as they formed the foundational records to obtain any of the 11 documents, including residence and caste certificates, listed by the Election Commission for the verification of voters.

The EC justified that Aadhaar, Electoral Photo Identity Card (EPIC), and ration card could easily be faked.

However, the NGO, represented by advocates Prashant Bhushan and Neha Rathi, said any of the 11 documents were equally prone to fraud. The petitioner also claimed millions of voters faced the huge risk of disenfranchisement due to short interval before the Assembly polls.

“It is pertinent to note that the 11 documents included in the approved list are equally susceptible to being procured on the basis of fake or false documentation, thereby rendering the ECI’s rationale baseless, inconsistent and arbitrary,” the NGO’s rejoinder filed in the alex court said.

In its affidavit to the writ petitions challenging the validity of the SIR, the EC said EPIC by its very nature only reflected the current state of the electoral roll and cannot in itself establish antecedent eligibility in the electoral roll.

"The conceptual and procedural integrity of a de-novo revision would stand undermined if EPICs which are merely reflective of prior entries, are used to validate entries in a roll that is required to be constructed anew," it had said.

The EC also said due to widespread existence of fake ration cards, it has not been included in the list of 11 documents to be relied upon for screening eligibility under Article 326 of the Constitution. It also pointed out a bare perusal of Aadhaar card showed it contained a statutory disclaimer that it is just a proof of identity not of citizenship.

The poll panel also maintained the entitlement to vote flowed from Article 326 read with Sections 16 and 19 of the Representation of People Act 1950 and Section 62 of the RP Act 1951 which contained certain qualifications with respect to citizenship, age, and ordinary residency.

"An ineligible person has no right to vote, and thus, cannot claim a violation of Articles 19 and 21 in this regard," it had said.

A bench of Justices Surya Kant and Joymalya Bagchi is set to hear on July 28, 2025 the challenge to the SIR being undertaken in Bihar ahead of Assembly polls in November.