'Approach Union To Get RP Act Amended' : Supreme Court To Petitioner Opposing Aadhaar Use In SIR

The Supreme Court on Tuesday orally told a petitioner, who opposed the use of the Aadhaar card to establish identity in the Special Intensive Revision (SIR) process, that so long as the Representation of the People Act 1950 allowed the use of Aadhaar, the Court had to accept it.

If the petitioner is concerned about widespread use of fake Aadhaar cards, then he should approach the Union Government to get the RP Act amended, instead of repeatedly raising the issue before the Court, the bench stated.

A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi was hearing petitions related to the West Bengal SIR.

As the bench reiterated its earlier direction that Aadhaar card can be submitted as a verification document, Advocate Ashwini Upadhyaya, who has filed a petition seeking nationwide SIR, raised objections. He submitted that fake Aadhaar cards were rampant, and most cases of fake Aadhaar cards across the country were from Bengal.

"It is practically seen throughout the country, most of Aadhaar is made in border districts. If the Court can add one line, to control fake documents, it is seen throughout the country, whenever there are Bangladeshis or Rohingyas captured by the police, the Aadhaar is from Bengal. This is the practical situation," Upadhyay submitted.

CJI said, "The matter may require a deeper probe. But this is not the timing. Lest we are misunderstood by anyone, let the right atmosphere and environment come."

Upadhyay said that the SIR will become the benchmark for future rolls.

Justice Bagchi told the petitioner that if there is fabrication of Aadhaar cards on such an "industrial scale", then the petitioner should move a representation to the Union Government to get the RP Act amended.

"Mr. Upadhyay, the Solicitor General is here. You make a representation to the Union of India to amend the Representation of the Peoples Act. Let Mr.Upadhyay approach the Government. This cannot be a discussion before our forum always. If Aadhaar has been fraudulently procured on an industrial scale, then it requires to be statutorily regulated. Because the Representation of the Peoples Act was amended and Aadhaar was brought in as a document which will prove identity. We have to acknowledge that," Justice Bagchi said.

Justice Bagchi also stated that the previous orders clarified that Aadhaar was only a document of identity and not citizenship.

In September last year, the Supreme Court had allowed the use of Aadhaar card as a verification docuemnt, in addition to the 11 documents initially notified by the ECI for the SIR process. While passing the order, the bench took note of Section 23(4) of the Representation of People Act 1950, Aadhaar card is one document for the purpose of establishing the identity of any person.