Supreme Court of India.
Supreme Court Directs Election Commission to Include Aadhaar as a Valid ID Proof in Bihar Electoral Roll Revision: New Delhi, September 2025 – In a crucial development that is set to shape the ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar, the Supreme Court of India has directed the Election Commission of India (ECI) to formally recognize Aadhaar as a valid proof of identity for inclusion in the state’s voter list. This ruling, issued on Monday, extends the scope of Aadhaar as an identity document, which was initially only applicable to voters facing exclusion due to discrepancies in the electoral roll.
The Court’s decision could have far-reaching implications for the upcoming state and national elections, and adds a significant layer to the ongoing debate over the use of Aadhaar in public life.
Bihar’s voter list has faced several challenges due to large-scale discrepancies, including the removal of about 65 lakh names from the draft electoral rolls, as part of the Special Intensive Revision process. The Election Commission had earlier published a draft list on August 1, 2025, which proposed the deletion of these 65 lakh voters. Following this, the Supreme Court directed the ECI to upload the list of those excluded and allowed those affected to use Aadhaar as a valid document for inclusion in the voter list, despite objections from some quarters.
The directive was further clarified on Monday, when the Court ordered that Aadhaar be officially added as the twelfth acceptable proof of identity, alongside eleven other documents previously listed by the Election Commission, such as voter ID cards, passports, and driving licenses. However, the Court made it clear that Aadhaar would only serve as proof of residence and not proof of citizenship, and that its authenticity could be verified by the ECI.
The Court’s Directive: Aadhaar as 12th Proof of Identity
A Bench comprising Justices Surya Kant and Joymlaya Bagchi issued the directive on Monday, ordering the Election Commission to issue formal instructions stating that Aadhaar would be accepted as a valid ID document for voters seeking inclusion in the revised voter list in Bihar. Importantly, the Court stated that Aadhaar would not be considered as proof of citizenship but as proof of residence, a distinction which had been acknowledged by all parties involved in the case.
“Aadhaar card shall be accepted for the purpose of acceptance of inclusion or exclusion in the revised list… Aadhaar card shall be treated as the 12th document. However, it is clarified that the authorities shall be entitled to verify the authenticity and genuineness of the Aadhaar card itself,” the Court said in its order.
This ruling extends beyond the 65 lakh names initially excluded from the voter list and includes all voters in Bihar. It also empowers the Election Commission to verify the authenticity of Aadhaar cards submitted for inclusion in the voter rolls, ensuring that they are not forged.
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Legal and Constitutional Considerations
The case brings to the forefront questions regarding the scope of Aadhaar’s role in the Indian electoral system. While Aadhaar is widely accepted as proof of identity for a variety of services, including banking and welfare schemes, its use in the electoral process has been contentious. The Supreme Court’s order highlights that Aadhaar is not to be used as proof of citizenship, which is central to the voter registration process.
The Court also pointed out that the Representation of the People Act, 1951, which governs the conduct of elections, explicitly mentions Aadhaar as a valid form of residence proof in its electoral forms. The fact that the law already recognizes Aadhaar as an acceptable document in the context of elections lends legitimacy to its inclusion in the revised voter list.
“This Court has consistently emphasized that Aadhaar is not alien to the Representation of the People Act. The Act itself makes provisions for Aadhaar as proof of residence,” the Court remarked during the hearing.
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Controversy Over Aadhaar’s Acceptance
Despite the Court’s clear directive, there has been significant opposition and confusion surrounding the acceptance of Aadhaar as an identity document. Senior Advocate Kapil Sibal, representing a group of petitioners challenging the process, argued that Booth Level Officers (BLOs) had been obstructing the use of Aadhaar as proof of identity. Sibal claimed that election officers were not accepting Aadhaar unless it was accompanied by one of the other 11 prescribed identity documents.
“We are racing against time. Is Aadhaar acceptable or not? We are witnessing a shocking situation where even after three court orders, Aadhaar is being rejected by election officers,” Sibal said, referring to affidavits from various districts where voters reported that their Aadhaar cards were not accepted.
The Court had previously directed that Aadhaar be accepted for voters excluded from the list, but confusion continued to reign due to discrepancies in how the Election Commission was enforcing these directives. In response, Justice Surya Kant questioned the Election Commission’s stance, asking why their show-cause notice had referred to only 11 documents, without including Aadhaar.
Despite these concerns, Senior Advocate Rakesh Dwivedi, representing the Election Commission, strongly defended the position of the Commission. Dwivedi explained that while Aadhaar was being accepted for purposes of inclusion, the Election Commission was careful to ensure that it was not being misused as proof of citizenship.
“Aadhaar can be digitally uploaded as part of the voter list update process. However, we do not accept the contention that the Election Commission is not empowered to decide the validity of citizenship for voter registration,” Dwivedi stated.
Concerns About Fraud and Security
Amidst the legal discussions, concerns have been raised about the potential for fraudulent Aadhaar cards being used to mislead the voter list. Advocate Ashwini Upadhyay brought up the issue of forged Aadhaar cards, suggesting that individuals from neighboring countries like Bangladesh and Myanmar might be exploiting the system to gain access to the electoral rolls.
“These Aadhaar cards are being forged for as little as ₹1,000, and foreigners are using them to illegally get registered,” Upadhyay argued, referring to the threat of migrants from Bangladesh and Myanmar potentially using fake Aadhaar cards to enter the electoral system.
However, the Court was quick to address these concerns, noting that Aadhaar itself is an essential part of India’s electoral infrastructure and that it must be safeguarded to ensure that only valid, authentic documents are accepted. The Court reaffirmed that Aadhaar would be verified by the Election Commission to prevent any fraudulent practices.
Impact and Future Directions
The Supreme Court’s ruling marks a significant shift in how Aadhaar is treated in the context of India’s electoral processes. By allowing Aadhaar to be used as proof of identity for voter registration in Bihar, the Court has effectively paved the way for its broader use in future electoral roll revisions across the country.
While the move is expected to enhance the accuracy and efficiency of the electoral process in Bihar, it also raises several important questions about the future of Aadhaar in Indian democracy. Critics continue to highlight concerns over privacy, data security, and the risk of voter disenfranchisement for those without access to Aadhaar. As the implementation of this ruling unfolds, it will be important to monitor how these concerns are addressed and whether the system ensures fairness and transparency for all voters.
The next steps for the Election Commission will be to issue formal instructions, as directed by the Court, and ensure that the revised electoral rolls in Bihar reflect the inclusion of Aadhaar as a valid proof of residence. The successful implementation of this process could set a precedent for other states in the future, as India grapples with its digital and democratic evolution.
In the meantime, the political landscape of Bihar remains poised for the impact of this decision, as the state prepares for upcoming elections amid significant changes to its electoral roll revision process.
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