The Supreme Court on Tuesday orally told a petitioner opposing the use of Aadhaar as an identity document in the Special Intensive Revision (SIR) exercise that the Court must accept Aadhaar as long as the Representation of the People Act, 1950 permits it for identity verification.
A Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice Vipul Pancholi heard petitions linked to the West Bengal SIR. The Bench reiterated its earlier direction that a person may submit an Aadhaar card as a verification document.
Upadhyaya Raises Fake Aadhaar Allegations
Advocate Ashwini Upadhyaya, who has also filed a petition seeking a nationwide SIR, again objected to Aadhaar’s use. He claimed fake Aadhaar cards circulate widely.
Upadhyaya alleged that “most” fake Aadhaar instances were linked to West Bengal, especially border districts. He further claimed that when the police apprehended persons described as Bangladeshis or Rohingyas, the Aadhaar cards allegedly traced back to West Bengal.
CJI: Not The Right Time For A Deeper Probe
The CJI said the issue may need closer scrutiny. However, he indicated that the Court would not take up a deeper inquiry at this stage.
“The matter may require a deeper probe. But this is not the timing. Lest we are misunderstood by anyone, let the right atmosphere and environment come,” the CJI said.
Justice Bagchi: Approach Union For Statutory Changes
Justice Bagchi said the petitioner should approach the Union Government if Aadhaar cards are allegedly being fabricated on an “industrial scale.” He suggested legislative changes instead of repeatedly raising the issue before the Court.
With the Solicitor General present, Justice Bagchi asked Upadhyaya to submit a representation seeking an amendment to the Representation of the People Act.
“Mr. Upadhyyay, the Solicitor General is here. You make a representation to the Union of India to amend the Representation of the Peoples Act. Let Mr. Upadhyay approach the Government. This cannot be a discussion before our forum always. If Aadhaar has been fraudulently procured on an industrial scale, then it requires to be statutorily regulated. Because the Representation of the Peoples Act was amended and Aadhaar was brought in as a document which will prove identity. We have to acknowledge that,” Justice Bagchi said.
Aadhaar For Identity, Not Citizenship
Justice Bagchi also reiterated what the Court has clarified earlier: Aadhaar serves as proof of identity in the SIR framework. It does not amount to proof of citizenship.
Background: September Order On SIR Documents
The remarks came in the backdrop of an order passed in September last year. In that order, the Supreme Court allowed Aadhaar as a verification document for the SIR process, in addition to the 11 documents initially notified by the Election Commission of India (ECI).
The Bench had referred to Section 23(4) of the Representation of the People Act, 1950, which includes Aadhaar as one of the documents that can establish identity.
