Aadhaar Not Proof of Citizenship: ECI Tells SC While Defending Bihar Voter List Purge

The Election Commission of India (ECI) has told the Supreme Court that Aadhaar, Electoral Photo Identity Cards (EPIC), and ration cards cannot be accepted as valid proof of citizenship during the ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar. In a detailed affidavit filed in response to petitions challenging the revision drive, the Commission emphasized that these documents lack legal sanctity for determining citizenship and thus cannot be relied upon to validate voter eligibility.

The affidavit, submitted in a batch of petitions led by NGO Association for Democratic Reforms (ADR), marks a significant legal moment in the debate surrounding the intersection of identity documentation and electoral rights. The petitioners have argued that requiring proof of citizenship risks arbitrary exclusion, discrimination, and potential disenfranchisement of genuine voters. The ECI has countered this by asserting that the revision is constitutionally mandated and vital for cleansing the electoral rolls.

On July 10, the top court allowed the Election Commission of India (ECI) to proceed with its Special Intensive Revision (SIR) of electoral rolls in Bihar but directed that documents like Aadhaar, EPIC voter ID cards, and ration cards should also be considered in the process.

The ECI, however, clarified that Aadhaar cards, while widely used for welfare and identification purposes, are not evidence of Indian citizenship. Referring to the statutory disclaimer attached to every Aadhaar card, the Commission pointed out that Aadhaar is only an identity document and explicitly not a citizenship certificate. Similarly, the Commission argued that EPICs, commonly known as voter ID cards, are generated based on existing entries in the electoral roll and do not serve as independent proof of nationality. Ration cards, often used by the economically weaker sections, have also been excluded due to their vulnerability to fraud and inconsistencies. Accepting these documents, the Commission said, would defeat the purpose of the intensive revision, which seeks to build the electoral roll afresh through on-ground verification rather than depending on legacy documents.

The Commission defended its move to seek supporting documents from electors as a necessary exercise flowing from Article 324 of the Constitution and Sections 16 and 19 of the Representation of the People Act, 1950. These provisions require every voter to be an Indian citizen, above 18 years of age, and an ordinary resident of the constituency. Refuting allegations of arbitrary action or an attempt to strip citizenship, the EC stated that the revision process merely assesses eligibility to vote, not nationality per se. No person is being declared a foreigner or stripped of Indian citizenship through this process, the EC said, adding that the powers to make such declarations lie exclusively with the central government under Section 9 of the Citizenship Act, 1955.

Addressing apprehensions about mass exclusion, the EC informed the Court that more than 90 percent of the electorate in Bihar have already submitted their duly filled forms. Each household, it said, was reached out to by Booth Level Officers (BLOs), who provided pre-filled Form 1 to voters. The exercise began on June 25 and will conclude on July 26, 2025. For voters who fail to submit documents during this period, the Commission assured that claims and objections would be entertained before final publication of the revised rolls. It also dismissed concerns of preferential treatment to public figures, calling such claims factually incorrect.

The Commission emphasized that several political parties had raised serious concerns about the integrity of the electoral rolls in Bihar, including the presence of deceased persons, duplication, and ghost entries. Given these systemic irregularities, a routine summary revision was inadequate, it said. The Special Intensive Revision, last conducted in Bihar in 2002–03, is a complete ground-up exercise aimed at rebuilding the electoral roll through door-to-door verification. Over 1.5 lakh Booth Level Agents (BLAs) have been deployed across the state to assist in the enumeration.

Reasserting its legal position, the ECI said it is fully competent to require electors to confirm their citizenship, which it described as a reasonable procedure grounded in the Citizenship Act, 1955. Section 3 of the Act clearly outlines who qualifies as a citizen by birth, and the EC said its requirement for a declaration form flows from these criteria. Ineligible persons cannot claim violation of fundamental rights under Articles 19 and 21, the Commission stated, noting that the right to vote is governed by Article 326 of the Constitution, which ties eligibility to citizenship, age, and ordinary residence, not to civil liberties in the abstract.

The Supreme Court is expected to hear the matter in the coming days, with the petitions raising key questions about the balance between electoral integrity and individual rights.

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

Date of Filing: July 2025

Bench: Supreme Court of India (Hearing expected)