Can Foreigners with Aadhaar Vote in India? Supreme Court Clarifies While Hearing Pleas Against EC’s SIR

The Supreme Court on Wednesday firmly stated that an Aadhaar card cannot be considered unquestionable proof of citizenship. The observation came as a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi commenced final arguments on several petitions opposing the Election Commission’s implementation of a Special Intensive Revision (SIR) of voter lists across multiple states.

The bench also underlined the Election Commission’s inherent authority to verify the accuracy of entries submitted through Form 6-the form used to apply for inclusion in the electoral roll. The judges stressed that Aadhaar, by design, serves a limited purpose and cannot automatically confer voting rights.

“Aadhaar is a benefit-seeking statute. Can a person become eligible to vote merely because Aadhaar was issued for availing ration benefits? Suppose someone from a neighbouring country works here as a labourer-should he be permitted to vote?” the CJI remarked while highlighting concerns about treating Aadhaar as citizenship evidence.

The Supreme Court rejected the argument that the Election Commission should function like a “post office,” approving all Form 6 submissions without verification. “You are suggesting that the EC must simply accept every Form 6 and include the applicant’s name in the roll,” the bench questioned, pointing out flaws in such a proposition.

Senior advocate Kapil Sibal, representing the petitioners, argued that the SIR procedure imposes an unfair burden on ordinary voters, many of whom could struggle with procedural requirements and face the risk of wrongful deletion from voter lists. He stated that the practice “fundamentally affects democracy.”

However, the bench observed that procedural novelty cannot undermine the Election Commission’s statutory powers. It emphasized that no voter should be deleted without proper prior notice, ensuring transparency and fairness during the SIR process.

The court also set specific timelines for hearing challenges related to the SIR in West Bengal, Kerala, and Tamil Nadu. In Tamil Nadu’s case, the EC must file its reply by December 1, and rejoinders, if any, must be submitted within two days. This matter will be heard on December 4.

For Kerala, the Supreme Court has scheduled the hearing on December 2, with the Election Commission required to submit its response by December 1.

The West Bengal-related cases-where controversies have intensified following reports of alleged suicides by a few booth-level policemen-will be heard on December 9. The State Election Commission and the state government may submit their responses by December 1, while the EC is expected to file its submission over the weekend.

The Supreme Court reiterated these dates, noting that the West Bengal petitions, particularly those involving alleged suicides of booth-level police personnel, would be taken up on December 9. The state government and SEC may file their responses by December 1, while the Election Commission’s submission is anticipated during the weekend.