The Supreme Court has directed the Election Commission to consider Aadhaar, EPIC, and ration card for identity verification in Bihar’s Special Intensive Revision (SIR), highlighting concerns over exclusionary practices and reaffirming the ECI’s duty to uphold inclusive democratic participation.

Constitutional Concerns & Identity Verification

• Mandate under Article 324: The Court emphasized that the ECI, under Article 324 of the Constitution, must enable participation in the democratic process and cannot erect procedural barriers that disenfranchise citizens.
• Nature of Verification: The Court noted that the SIR is meant to establish identity, not citizenship, and that all 11 currently listed documents serve only to verify identity—not citizenship—rendering the exclusion of Aadhaar illogical.
• Inconsistency in Document Policy: The Court questioned why Aadhaar, used as a foundational document for obtaining others (like caste certificates), is excluded, whereas those derivative documents are accepted, exposing a policy inconsistency.

Practical Realities and Risk of Disenfranchisement

• Demographic Challenges in Bihar:While 87% of Bihar’s population has Aadhaar, only 45-50% are matriculates and less than 2% have passports, making the current document list inaccessible for a majority.
• Disproportionate Burden on Voters:The SIR seems to reverse constitutional jurisprudence by treating all voters as potential non-citizens unless they prove otherwise, contrary to earlier Supreme Court rulings that rejected shifting the onus of proving citizenship onto registered voters.
• Marginalisation Risk:The current approach risks large-scale disenfranchisement, particularly among marginalised and less-educated populations, undermining the very principle of universal suffrage.

Judicial Oversight and Institutional Accountability

• Lack of Institutional Clarity: Conflicting interpretations between the Chief Electoral Officer in Bihar and the Chief Election Commissioner on document leniency led to confusion, weakening field-level implementation.
• Scope of Judicial Review: The Court has kept the matter under scrutiny and scheduled a further hearing, stressing that timing, method, and purpose of SIR will undergo judicial review to ensure democratic integrity.
• Path to Inclusivity: The Supreme Court’s suggestion to expand the list of identity documents gives the ECI a chance to correct its course and ensure the SIR is inclusive and constitutionally compliant.

Practice Question:

1. Discuss the constitutional implications of the Election Commission of India’s Special Intensive Revision (SIR) in Bihar in light of recent Supreme Court observations. How can electoral processes be made more inclusive without compromising verification standards?(250 words)