In today’s hearing they pointed out the EC – which demanded documents (excluding the Aadhaar and its own ID card) proving citizenship – lacks the authority to decide that matter.
The results of the Election Commission‘s ongoing ‘special intensive revision’ of the Bihar voter list can be set aside – as late as September, two months before the Assembly election is expected in the eastern state – if illegality is proven in the process, the Supreme Court said Tuesday afternoon.
The assurance was in response to arguments about the authority of the Election Commission – which sought 11 documents from Bihar residents to re-verify themselves as voters – to establish that fact.
The EC had earlier said voters cannot use commonly accepted government IDs, like the Aadhaar (and its own identity card), to establish citizenship and re-verifiy themselves, as these were proof of identity only. The poll panel also noted such documents are easier to forge than those on its list.
When the top court remarked today the poll body was right in saying an Aadhaar card is not definite proof of citizenship, the petitioners argued that such was not their case. They said their case was about the illegality of the process and questions over the poll body’s jurisdiction to determine citizenship
Senior advocate Abhishek Singhvi, appearing for Rashtriya Janata Dal MP Manoj Kumar Jha, said the question was – ‘does the EC have the right to establish citizenship in the first place?’
The right to grant (or revoke) citizenship lies with the Home Ministry, he pointed out.
“They (i.e., the Election Commission) say that Aadhaar is not enough to determine citizenship… but they don’t have the authority to decide citizenship…” Mr Singhvi said.
The court had said they only need to ascertain identity … you cannot have a system where citizenship is doubted for five crore people. The presumption is they are valid citizens unless they (i.e., the government) removes them. The EC was never intended as ‘policeman of citizenship’.”
In response Justice Surya Kant then pointed out that while the government is responsible for citizenship, “… exclusion of non-citizens from electoral rolls is within the remit of the EC.”
“Yes! (If I am not a citizen) I can be stopped (from appearing on the voter list) till I get citizenship. But if I am already on the electoral roll… then how can the EC determine?” Mr Singhvi replied.
It was then the court remarked, “If they declare five crore invalid… we are sitting here.”
While not a verdict on the Election Commission’s contentious re-verification of nearly eight crore voters months before an election, the remarks are a big positive for opposition leaders and activists who have challenged the exercise’s constitutional premise and legal validity.
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