"They admit in their affidavit that they did not conduct any survey," Sibal told the bench.
"Aadhaar Cannot Be ‘Accepted’ As Citizenship": Supreme Court Backs ECI's Stance
The Supreme Court on Tuesday approved the stance of the Election Commission of India (ECI), stating that Aadhaar cannot be ‘accepted’ as conclusive proof of citizenship of India, India Today reported.
According to the report, a bench led by Justice Surya Kant observed while a hearing on petitions challenging the Special Summary Revision (SIR) of electoral rolls in the poll-bound state, Bihar.
“The EC is correct in saying Aadhaar cannot be accepted as conclusive proof of citizenship. It has to be verified," Justice Kant told senior advocate Kapil Sibal, appearing for the petitioners.
"If they don't have the power, everything ends. But if they have the power, there can't be a problem," Justice Kant remarked.
However, senior advocate Kapil Sibal, appearing for the petitioner, argued that the poll panel’s process would result in large-scale exclusion of voters, especially those unable to submit required forms, the India Today report said.
Sibal said that without an inquiry into deaths or migration, the Election Commission of India has excluded 65 lakh names.
"They admit in their affidavit that they did not conduct any survey," Sibal told the bench.
To which the top court responded, “We want to understand whether your apprehension is imaginary or a real concern," adding that those who had submitted forms were already in the draft rolls.
Prashant Bhushan, another advocate representing the petitioners, alleged that the EC has not disclosed the list of voters excluded due to death or change of residence, either in court filings or on its website.
The bench led by Justice Surya Kant observed that if a voter submitted a form with Aadhaar and ration card, the EC was required to verify the details. The bench sought clarification on whether those who should be informed about missing documents had been informed.
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