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Context

The Supreme Court directed the Election Commission of India (ECI) to accept Aadhaar as the 12th document for identity verification during the Special Intensive Revision (SIR) of electoral rolls in Bihar.

What is the background of the Case?

The ECI initiated an SIR in Bihar to update the electoral roll, targeting 7.24 crore voters, with 65 lakh names proposed for deletion.

The SIR, announced by the Election Commission under Article 324, requires voters to submit one of 11 specified documents to verify identity and residence.

Petitions filed in Supreme Court, alleging arbitrary deletions and non-acceptance of Aadhaar.

What are the Key Highlights of the Supreme Court’s Ruling?

Aadhaar as the 12th Document: The Court directed the ECI to formally recognize Aadhaar as the 12th document for identity verification in Bihar’s SIR.

Aadhaar Not Proof of Citizenship: The Court restated that under the Aadhaar Act, 2016, Aadhaar is not proof of citizenship but can establish identity and residence.

• The ECI retains the authority to verify Aadhaar’s authenticity, similar to other documents, to prevent forged or fraudulent inclusions.

Safeguards Against Disenfranchisement: The ruling aims to protect genuine voters, particularly those lacking formal documents like passports or birth certificates, by allowing Aadhaar’s use.

Publicity and Compliance: The Court directed the ECI to publicize the order (e.g., on its website) to ensure clarity for voters and officials.

What is the Legal Framework for Indian Citizenship?

Indian citizenship is governed by the Citizenship Act, 1955, which outlines the modes of acquiring citizenship, termination, and related procedures. The Act, rooted in Articles 5 to 11 of the Constitution.

Modes of Acquiring Indian Citizenship

The Citizenship Act, 1955, specifies five distinct modes through which an individual can acquire Indian citizenship.

By Birth

Any person born in the territory of India on or after January 26, 1950, is a citizen by birth, subject to certain conditions (e.g., exceptions for children of foreign diplomats).

Post-2004 amendments restrict this to individuals with at least one Indian parent and no illegal migrant parent.

By Descent

A person born outside India to Indian citizen parents (or at least one Indian parent after 2004) can acquire citizenship, provided the birth is registered at an Indian consulate within a stipulated period.

By Registration

Eligible individuals, such as those married to Indian citizens, persons of Indian origin residing in India for seven years, or minor children of Indian citizens, can apply for citizenship through registration with the central government.

By Naturalisation

Foreigners who have resided in India for 11 of the last 14 years (with continuous residence in the last 12 months) and meet other criteria (e.g., good character, knowledge of an Indian language) can apply for naturalisation.

By Incorporation of Territory

If a new territory becomes part of India, the central government may declare its residents as Indian citizens (e.g., residents of Sikkim after its merger in 1975).

What Are the Challenges in Determining Indian Citizenship?

Ambiguity in Documentation

Many individuals, especially in rural or border areas, lack birth certificates or other primary documents due to poor record-keeping or historical administrative gaps.

• Example: The NRC exercise in Assam highlighted difficulties faced by millions in proving citizenship due to missing legacy documents.

Burden of Proof

The Foreigners Act places a burden on individuals to prove citizenship, which can be challenging for marginalized groups (e.g.,migrants, or illiterate populations).

Fraudulent Documents

Cases of forged Voter IDs, Aadhaar cards, or passports complicate verification processes, undermining trust in these documents.

Overlap of Electoral and Citizenship Processes

Electoral roll revisions (e.g., Bihar’s initiative) are often mistaken as citizenship verification exercises, causing public confusion and mistrust.

Political and Social Sensitivities

Amendments like the Citizenship (Amendment) Act, 2019, have sparked debates over religion-based citizenship criteria, raising concerns about discrimination and exclusion.

Border states like Assam and West Bengal face unique challenges due to historical migration and porous borders.

How Can India Address Challenges in Citizenship Verification?

Strengthening Documentation Systems

Expand digitization of birth and citizenship records to ensure universal access, especially in rural and border areas.

Integrate databases (e.g., Aadhaar, NPR, voter rolls) with robust safeguards to assist verification without conflating identity with citizenship.

Streamlining Legal Processes

Establish clear, transparent guidelines for proving citizenship, reducing arbitrary application of the Foreigners Act. 

Set up dedicated tribunals or fast-track courts to resolve citizenship disputes efficiently.

Public Awareness Campaigns

Educate citizens on the distinction between identity documents (e.g., Aadhaar, Voter ID) and citizenship proof to reduce confusion during electoral revisions.

Leveraging Technology

Use secure, blockchain-based systems for citizenship records to prevent fraud and ensure accessibility.

Develop a unified verification framework that cross-references multiple documents (e.g., birth certificates, school records) without relying solely on one.

Source: Indian Express