EC is still entitled to exclude an individual from the voter rolls if it has doubts over the authenticity of one’s Aadhaar.How has the Supreme Court’s intervention on Monday moved the needle on the Bihar Special Intensive Revision exercise? In terming Aadhaar as the “12th document” to establish proof of identity, the SC effectively raises the bar for the Election Commission (EC) to exclude an individual from the voter rolls if they have a valid Aadhaar card.For, the inclusion of Aadhaar as the 12th document makes room for an individual excluded from the draft list to cite Aadhaar to file claims for inclusion and objection over the removal of their name. This would be equivalent to the 11 other documents listed by the EC itself for the Electoral Registration Officer (ERO) to “satisfy themselves regarding the eligibility of every person before entering their name in the electoral roll.”Also, given that Aadhaar covers over 87% of the population, as per UIDAI’s data, this radically expands the net for inclusion.However, Aadhaar, as the SC reiterated, is not a proof of citizenship and “therefore shall not be accepted as proof of citizenship.” The Court also made it clear in its order that “the authorities shall be entitled to verify the authenticity and genuineness of the Aadhaar Card, like any of the other enumerated documents, by seeking further proof/documents.”This means that the EC is still entitled to exclude an individual from the voter rolls if it has doubts over the authenticity of one’s Aadhaar. Even if an individual’s Aadhaar is genuine, the EC could raise doubts over the individual’s citizenship. The same scenario can play out with other supporting documents, too, such as the caste certificate or a matriculation certificate.Read | Bihar SIR: Bench sends a reminder on right to vote, fairness and transparencyCitizenship in India is determined not based on any one document but a complex set of criteria that includes when a person was born and a determination of the legal status of their parents at the time of their birth under the 1955 Citizenship Act.“We would like you to clarify… We have repeatedly passed orders that the list illustratively indicates 11 documents… If you see those 11, apart from the passport and birth certificates, none are conclusive proof of citizenship. We clarified, saying include Aadhaar,” Justice Joymalya Bagchi, one of the two judges hearing the case, observed.Story continues below this adThe EC’s order on SIR issued on June 24 in Clause 5(b) (in the detailed guidelines) states that EROs will refer cases of suspected foreign nationals to the “competent authority” under the Citizenship Act, 1955. A Foreigner Tribunal, which is established under the Foreigners (Tribunal) Order, 1964, is entrusted with deciding whether a person is a foreigner as defined under the law. These quasi-judicial orders can be challenged in court.The inclusion of Aadhaar as one of the supporting documents by the SC is also crucial in a nationwide SIR. The EC is likely to roll out a SIR of electoral rolls across the country with January 1, 2026, as the qualifying date.Incidentally, the SC orders specifies that the direction to accept Aadhaar is “for the purpose of inclusion or exclusion in the revised voter list of the State of Bihar.”The Indian Express reported on September 6 that the EC will seek suggestions from CEOs on additional documents that can be submitted by electors to prove their eligibility, including citizenship. While these additional documents could differ from state to state, especially in border states, the SC order makes it difficult for the EC to leave out Aadhaar as a document in other states.Story continues below this adThe SC will also have to determine the larger question of whether EC can even look into the aspect of citizenship. While the EC has argued that its mandate is to allow the right to vote only to citizens, the petitioners have challenged how the EC can implement that mandate.Apurva Vishwanath is the National Legal Editor of The Indian Express in New Delhi. She graduated with a B.A., LL. B (Hons) from Dr Ram Manohar Lohiya National Law University, Lucknow. She joined the newspaper in 2019 and in her current role, oversees the newspapers coverage of legal issues. She also closely tracks judicial appointments. Prior to her role at the Indian Express, she has worked with ThePrint and Mint. ... Read More© The Indian Express Pvt LtdTags:AadhaarElection Commission