Supreme Court Rejects Aadhaar as Citizenship Proof Amid Bihar Electoral Roll Row

The Supreme Court on Monday reiterated that Aadhaar cannot serve as a standalone proof of citizenship, cautioning political parties against attempts to elevate its legal status beyond what is stipulated under law.

A bench of Justices Surya Kant and Joymalya Bagchi, hearing petitions relating to the Special Intensive Revision (SIR) of electoral rolls in Bihar, observed that while Aadhaar can be used as an identity document, it does not establish citizenship.

The bench made its position unambiguous, stating that the Aadhaar Act and the landmark Puttaswamy judgment of 2018 clearly limit the scope of Aadhaar to identity verification and welfare schemes.

“We cannot enhance the status of Aadhaar beyond what is ascribed to it by the Aadhaar Act or the Puttaswamy judgment,” the Court said, rejecting arguments seeking to rely on Aadhaar as conclusive proof for voter registration.

Section 9 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 expressly states that Aadhaar does not confer citizenship or domicile. The Court recalled that in K.S. Puttaswamy (Privacy) v. Union of India (2018), it had been categorically held that Aadhaar cannot be considered proof of citizenship. These observations came during the hearing of challenges to alleged large-scale deletions in the draft electoral rolls published in Bihar under the ongoing SIR exercise.

The issue arose when political parties, including the Rashtriya Janata Dal (RJD), pressed for Aadhaar to be treated as final proof of identity for voter registration. They argued that this would prevent genuine voters from being left out after an estimated 65 lakh names were deleted during the revision process.

The bench, however, questioned the basis of such reliance on Aadhaar, asking, “Why so much emphasis on Aadhaar?” It stressed that Aadhaar was never intended to be a determinative document for citizenship.

During the proceedings, the Election Commission of India (ECI) pointed to instances of abnormal Aadhaar saturation in certain districts of Bihar, with figures reportedly reaching as high as 140%.

This, the Commission said, was indicative of bogus and multiple enrolments, raising concerns over the integrity of voter lists if Aadhaar were to be accepted as conclusive proof. The Commission maintained that while Aadhaar can be used as an additional document to verify identity, its inherent limitations make it unsuitable as sole proof of citizenship.

The Union government also supported this position, informing the Court that Aadhaar enrolment, by design, does not involve verification of citizenship.

Officials flagged cases where foreign nationals, including Bangladeshi migrants and Rohingya refugees, have fraudulently obtained Aadhaar cards in various states. This, the Centre said, underscores the risk of treating Aadhaar as a definitive marker of citizenship for electoral purposes.

The bench advised political parties to adopt a more constructive approach to address concerns of voter exclusion rather than advocating measures that could compromise the electoral roll.

It suggested that parties deploy booth-level agents and assist eligible voters in filing claims and objections within the statutory framework. “Instead of peddling shortcuts that weaken our voter rolls, political parties should engage in ground-level efforts,” the Court observed.

The hearing is part of a series of petitions challenging the process of electoral roll revision in Bihar under the Special Intensive Revision scheme, which was introduced to clean up the rolls and eliminate duplicate or ineligible entries.

Petitioners have raised concerns about alleged arbitrary deletions and the risk of disenfranchisement of genuine voters. The Court has been monitoring the exercise to ensure that procedural safeguards are followed and that eligible voters are not denied their right to franchise.

The Election Commission of India (ECI) had earlier told the Top Court that Aadhaar, Electoral Photo Identity Cards (EPIC), and ration cards cannot be accepted as valid proof of citizenship. 

The Supreme Court yesterday continued hearing petitions by the Rashtriya Janata Dal (RJD), AIMIM and ADR seeking an extension of the deadline for filing claims and objections in Bihar’s ongoing voter registration.

on July 29, the Court had said it will closely monitor the ongoing Bihar Electoral Rolls, provided the petitioners are able to produce even 15 persons who have been excluded from the rolls

Case Title: Association for Democratic Reforms & Ors vs. Election Commission of India & Anr.

Bench: Justices Surya Kant and Joymalya Bagchi

Date of Order: September 1, 2025