SC Orders ECI to Accept Aadhaar as 12th Identity Document in Voter List, Clarifies It’s Not Proof of Citizenship
SC Allows Aadhaar for Identity Verification in Bihar Electoral Rolls Ahead of Assembly Polls
The Supreme Court on Monday clarified that Aadhaar cards issued under the Aadhaar Act, 2016, shall be accepted as the 12th document for establishing identity in the revised electoral rolls of Bihar ahead of the Assembly elections.
The Bench of Justice Surya Kant and Justice Joymalya Bagchi made it clear that while Aadhaar may be used to verify identity, it does not constitute proof of citizenship.
The Election Commission of India (ECI) has been directed to issue necessary instructions during the day.
The matter arose from a batch of petitions challenging the ECI’s “Special Intensive Revision” (SIR) of Bihar’s electoral rolls.
Petitioners, led by Senior Advocate Kapil Sibal, raised concerns that despite multiple Court directions, ECI officials were still demanding one of the 11 prescribed documents, ignoring Aadhaar submissions. Sibal highlighted instances where BLOs had issued show-cause notices to officers accepting Aadhaar cards, and stressed that poor and marginalized voters, who often have only Aadhaar, were being excluded.
Justice Surya Kant observed that while forged documents exist, the ECI can verify them. He underscored that genuine citizens are entitled to vote, and those claiming citizenship through forged documents are not.
The Bench asked ECI to clarify its position on accepting Aadhaar, with Senior Advocate Rakesh Dwivedi confirming that it would be accepted as proof of identity but not as proof of citizenship.
Justice Bagchi noted that the EC manual’s list of 11 documents is illustrative, and apart from passports and birth certificates, none conclusively prove citizenship.
The Court emphasized the inclusive role of ECI in ensuring voter participation. After discussions, the Bench allowed Aadhaar to be formally included as the 12th document, and clarified that officials may verify its authenticity.
The Court also scheduled the hearing of related legal issues on September 15, while addressing fresh petitions challenging the SIR in other states.
Petitioners, including Senior Advocate Gopal Sankarnarayanan, pressed for publicity of the Court order, to which Justice Kant suggested posting it on official websites.
Pertinently, on September 1, the Bench had made it clear that the Election Commission of India (ECI) has already provided sufficient safeguards and stressed that claims and objections can continue to be filed even after the statutory deadline of September 1. The Court had also requested the Bihar Legal Services Authority (BLSA) to deploy paralegal volunteers to assist voters and political parties in filing claims and objections online, and to confidentially report to the District & Sessions Judges, with data collated at the State level. It had also 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.
It is to be noted that on August 22, took note of the Election Commission of India’s (ECI) compliance with its earlier directions in the ongoing “Special Intensive Revision” of Bihar’s electoral rolls. It had clarified that Aadhaar, along with any of the 11 notified identity documents, can be furnished by electors seeking inclusion in Bihar’s electoral rolls.
During Singhvi’s submissions, Justice Bagchi noted that while Aadhaar-based requirements may have an exclusionary effect, the availability of a larger number of permissible documents “is actually voter-friendly” as it provides citizens multiple options to prove their eligibility.
Earlier, this week, the ECI had strongly defending the exercise as lawful, necessary and in public interest. “This is a purification exercise to ensure a clean and accurate voter list. Dead and shifted voters must be removed to maintain the integrity of the rolls. The process is transparent, and most voters need not submit fresh documents,” Dwivedi told the Court, adding that no political party or individual voter was before the Bench except public interest groups.
An Interlocutory Application had been filed by ADR on August 8, in the ongoing case concerning the Special Intensive Revision of electoral rolls in Bihar, with serious concerns raised about the omission of over 65 lakh names from the draft rolls. The Apex Court had sought ECI's response.
On July 28, the Supreme Court reiterated its stance that it was not going to stay the SIR of electoral rolls in Bihar. "There should not be mass exclusion.. we want mass inclusion", a Justice Surya Kant led bench further told the Election Commission of India.
Recently, Association for Democratic Reforms told the Supreme Court of India that Election Commission of India has given no valid reason for exclusion of Aadhar, EPIC and Ration Card from the list of documents which can be submitted during the Special Intensive Revision of Electoral Rolls being carried out in Bihar.
Earlier, the ECI had 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 had emphasized that these documents lack legal sanctity for determining citizenship and thus cannot be relied upon to validate voter eligibility. The affidavit was 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.
On July 10, the Apex Court had 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.
Case Title: Association for Democratic Reforms & Ors v. Election Commission of India & Anr.
Mentioning Date: September 8, 2025
Bench: Justice Surya Kant and Justice Joymalya Bagchi