Aadhaar not proof of citizenship, can non-citizens become voters? Supreme Court raises key concern
“Aadhaar does not give absolute proof of citizenship. That is why it is included only as one supporting document, and if a name is removed, a notice must be issued,” says apex court
PTC Web Desk: The Supreme Court on Thursday raised a sharp question on the misuse of Aadhaar, asking whether an individual who is not an Indian citizen but possesses an Aadhaar card should be allowed voting rights. The court underlined that Aadhaar was designed purely to deliver welfare benefits and cannot be treated as proof of citizenship.
A Bench led by Chief Justice Surya Kant, while hearing petitions against the Election Commission’s Special Intensive Revision (SIR) of voter lists in several states, reiterated that Aadhaar is only one among multiple documents for voter verification. “Aadhaar does not give absolute proof of citizenship. That is why it is included only as one supporting document, and if a name is removed, a notice must be issued,” the Bench said.
The judges pointed out that the Aadhaar Act explicitly states that the ID does not establish citizenship or domicile. “Aadhaar is created for welfare schemes. If someone receives Aadhaar only to get ration, should that automatically make them eligible to vote? What if a labourer from a neighbouring country has one?” the Chief Justice remarked.
The Supreme Court further clarified that the Election Commission is empowered to scrutinise documents submitted with Form 6 for voter registration. The poll body, it said, must verify entries and cannot function merely as a “post office”.
The Bench has now fixed the schedule for hearing petitions challenging SIR exercises specifically in Tamil Nadu, Kerala and West Bengal. The Election Commission has been directed to submit its responses by December 1, after which petitioners may file rejoinders.
During the hearing, Senior Advocate Kapil Sibal, appearing for some petitioners, argued that the SIR process burdens ordinary citizens, particularly those who are illiterate. He said the responsibility of filling forms should not fall on voters, warning that thousands could be excluded unfairly. Sibal added that once a voter is included in the electoral roll, the assumption of validity must remain unless the state proves otherwise.
While acknowledging Aadhaar is not a citizenship document, Sibal said it still creates a presumption in favour of the holder’s identity and residence. “If you wish to remove my name, do it through a proper, fair process,” he told the court.
Justice Bagchi, however, emphasised the need to eliminate names of deceased voters, pointing out that draft lists are made public at panchayats and online.