The Supreme Court on Tuesday, August 12, upheld the Election Commission of India’s (ECI) position that Aadhaar cannot be regarded as definitive proof of citizenship, emphasizing the need for independent verification. This observation came during a hearing on petitions challenging the Special Summary Revision (SIR) of electoral rolls in Bihar. Justice Surya Kant, heading the bench, stated that Aadhaar alone should not be accepted as conclusive evidence of citizenship.
Addressing senior advocate Kapil Sibal, who appeared for the petitioners, Justice Kant reinforced the ECI’s stance, saying, “The EC is correct in saying Aadhaar cannot be accepted as conclusive proof of citizenship. It has to be verified.” This highlights the court’s emphasis on thorough verification processes to maintain the integrity of electoral rolls.
The top court also raised a fundamental issue regarding the scope of the ECI’s authority, noting that the primary question is whether the commission has the power to conduct the verification exercise. Justice Kant remarked, “If they don’t have the power, everything ends. But if they have the power, there can’t be a problem,” signaling that the outcome hinges on the constitutional mandate of the ECI in this context.