The much-vaunted aadhaar is under cloud in the runup to the Bihar Assembly elections with no less an authority than the Election Commission (EC) ticking it off as being unacceptable in proving the citizenship of its holder. The Supreme Court of India (SC), on July 10, in its interim order, however, joined issues with the EC by observing that while voting rights in India are indeed the exclusive preserve of citizens of India, the EC cannot arrogate to itself the power of determining who is a citizen and who isn’t by bypassing aadhaar, ration card, etc.

It went on to observe that the power to determine who a citizen is vests with the home ministry. That, with due respect to the Apex court, is quibbling. For, the EC, at par with the CAG, is a constitutional authority answerable to no ministry or minister. If its writ has to run in conducting a free and fair election, it must have the power to ensure that only Indian citizens vote, period.

The home ministry, on its part, has been itching to go ahead and start the process of National Registry of Citizens (NRC) but has been stymied by the shrill reaction from the opposition that NRC would be a thinly disguised attempt to oust Muslims from Indian citizenry and usher in Hindu Rashtra by the ruling right wing BJP. Only Assam has bestirred itself to have an Assam-specific citizens register. Using its plenary powers, the Apex court should have directed the home ministry to roll out the NRC within a specified time, while allowing Aadhaar, voting card and ration card as proof of citizenship for the time being.

The truth is, all said and done, India doesn’t........

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