In the lead-up to the Bihar Assembly elections, a controversy has erupted regarding the ongoing special intensive revision (SIR) of electoral rolls. Tejashwi Yadav, a prominent leader of the Rashtriya Janata Dal (RJD) and a key figure in the opposition INDIA bloc, has strongly advocated for the inclusion of Aadhaar as sufficient proof of identity during the revision process. However, the Election Commission of India (ECI) has maintained its stance that while Aadhaar serves as proof of identity, it is not a document that establishes citizenship.
Yadav has criticized the ECI's decision to exclude Aadhaar, arguing that it disproportionately affects the poor, marginalized communities, and migrant workers who may not possess other documents required by the ECI. He has also alleged that the demand for birth certificates and other difficult-to-obtain documents is a veiled attempt to implement a National Register of Citizens (NRC) through the backdoor, potentially disenfranchising a significant portion of the electorate. Yadav further claimed that even in the ancestral village of Bihar Chief Minister Nitish Kumar, many voters only possess Aadhaar cards, which the ECI is allegedly treating as "worthless scrap".
The ECI, on the other hand, has defended its position by stating that it is acting in accordance with Article 326 of the Constitution, which stipulates that only Indian citizens aged 18 and above are eligible to vote. The commission has emphasized that Aadhaar, while useful for identification, does not certify citizenship, as it is also issued to foreign residents who have lived in India for a certain period. The ECI has also pointed out that it has never been proof of citizenship. To address concerns about potential disenfranchisement, the ECI has clarified that individuals whose names appear in the Bihar electoral roll dated January 1, 2003, are exempt from submitting additional documents.
The ECI's directive to link Aadhaar numbers with electoral rolls to ensure proper voter identification has also faced scrutiny. While the ECI has instructed officials to make "all attempts" to link Aadhaar numbers, it has also stated that providing Aadhaar is optional, and electors without an Aadhaar number can provide other optional documents.
The debate over Aadhaar's role in the electoral process highlights the complexities of identity verification and citizenship determination in India. While Aadhaar has become a widely used document for various purposes, including accessing government services and subsidies, its limitations as proof of citizenship have been consistently reiterated by both the UIDAI and the courts. Several government departments may accept Aadhaar for purposes reserved for citizens, but new Aadhaar cards now include a disclaimer that they are not proof of citizenship or date of birth.
The controversy surrounding the SIR in Bihar underscores the need for a balanced approach that ensures the integrity of the electoral rolls without disenfranchising eligible voters. Opposition parties have questioned the timing and intent of the revision exercise, particularly in light of the upcoming Assembly elections. They have also raised concerns about the potential exclusion of vulnerable populations who may face difficulties in producing the required documents. As the debate continues, the ECI faces the challenge of addressing these concerns while upholding its constitutional mandate to conduct free and fair elections.