Bihar SIR Case: Live Updates From Supreme Court

#BREAKING Aadhaar card will also be taken into consideration for the purpose of establishing the identity of a person for the purpose of inclusion/exclusion of a voter in the revised voter list of Bihar : Election Commission of India undertakes before Supreme Court.

J Kant: Mr Dwivedi, you clarify that they should accept. Suppose someone applies with only Aadhaar...you can hold enquiry

Dwivedi: When your lordships have directed, what is the purpose of making it 12th document

Sibal insists on clarification that Aadhaar is acceptable as 12th document

Judges discuss.

Dwivedi: ECI has laid emphasis on 11 documents...every person has been able to produce the documents...this Aadhaar business is only for identity

J Bagchi (to ECI): EC manual specifies documents...but you have in your SIR gone beyond this...you are conscious of your inclusive role...

Dwivedi: It should not be over-inclusive

J Bagchi: In our opinion, it's not 'over-inclusive'

Gopal S: 3 times they have violated order

Order: ECI undertakes that necessary instructions shall be issued

Petitioners insist Aadhaar be included as 12th document.

Dwivedi: Aadhaar can be proof of identity, not citizenship

Order: Short issue pertains to acceptability and status of Aadhaar card. In view of statutory status assigned to Aadhaar under Aadhaar Act, Aadhaar card is not proof of citizenship. However, keeping in view S.23(4) of RP Act, Aadhaar card is one document for purpose of establishing identity of any person. Ld. sr counsel for ECI says Aadhaar card shall be taken into consideration as one of the documents for establishing identity of a person for inclusion/exclusion in revised voter list of Bihar

Sibal: This will be the 12th document they must accept

Gopal S: Why are they opposing this?

J Kant: if it's taken as 12th document, what's the problem?

Dwivedi: can't put it power with passport.

J Kant: people have forged all kinds of documents, but ECI can verify

Adv Ashwini Kr Upadhayay: If one does not have the 11 documents, how he has Aadhaar card?

Grover: It's the only document which poor have

Dwivedi: We know who wants to remove poor

Sibal: I am only talking about identity. Accept my identity

One counsel: Inclusion of even wrong person would be adverse

J Kant: Those who are genuine citizens of this country, they are entitled to vote. Those who are claiming citizenship on the basis of forged documents, they are not.

J Kant (to ECI): Is there any formal communication by you?

Sibal: they should send a circular

J Kant: you could instruct that person who has mentioned Aadhaar no., they need not furnish Aadhaar...

Dwivedi: Please decide this...everybody they stand up and say you don't have power to decide citizenship

Sibal: Till date, we have not said Aadhaar is proof of citizenship

Singhvi: They are issuing show-cause notice to those who are accepting Aadhaar card.

J Kant: Law is very clear on Aadhaar. Aadhaar is one of the official documents...you (ECI) will take it and examine it

Sibal: Please include it as the 12th document

J Bagchi: What your form shows is Aadhaar No...like the name of the person...but whether the copy of Aadhaar...

Dwivedi: Aadhaar can be given for residence...

J Bagchi: One of the provisions under the Act specifically refers to Aadhaar as document of residence.

Dwivedi: Aadhaar can be digitally uploaded...legal officers also allowed to upload...we are not considering it as proof of citizenship. We don't agree that ECI is not entitled to determine whether person is citizen or not for purposes of electoral roll revision. WE ARE ENTITLED TO LOOK INTO IT FOR PURPOSE OF ELECTORAL ROLL

J Bagchi: Why this translated copy of show-cause refers to only the 11 documents? We would like you to clarify...we have repeatedly passed order that the list illustratively indicates 11 documents...if you see those 11, apart from passport and birth certificates, none are conclusive proof of citizenship. We clarified saying include Aadhaar

Dwivedi: We will find out if someone is erring somewhere.

Sibal: Disciplinary proceedings have started against BLOs. We don't want any action against anybody. There's no instruction to BLOs by ECI that accept Aadhaar. Document which is universal is not being accepted. What kind of inclusive exercise is this? We have got 24 affidavits of voters from different districts...

J Kant: You want your status to be determined only on basis of Aadhaar card? An exercising is going on...whether it's illegal or not may be decided later...

Sibal: I am on 2025 roll. When I file Form 6, they say give...

Sibal: There are 3 orders of this Court saying accept Aadhaar. There are statements of BLOs themselves - saying no Aadhaar.