Aadhaar Valid for Voter ID in Bihar Polls, But Not Citizenship Proof: Supreme Court Rules
The Supreme Court on Monday delivered a significant clarification on the use of Aadhaar cards in Bihar’s ongoing voter list revision, directing the Election Commission of India to accept it as a valid identity document while firmly stating it cannot serve as proof of citizenship. The ruling aims to streamline the electoral process amid controversies over the exclusion of names from the state’s draft rolls, ensuring greater accessibility for voters without compromising on citizenship verification.
In its order, the apex court specified that Aadhaar will be treated as the 12th document in the list of acceptable identity proofs under the Representation of the People Act, 1950, for inclusion or exclusion in the revised electoral rolls. This decision comes during hearings on challenges to Bihar’s Special Intensive Revision exercise, which has drawn criticism for allegedly disenfranchising lakhs of voters. The bench, comprising Justices Surya Kant and Joymalya Bagchi, emphasized the distinction between identity and citizenship, citing the Aadhaar Act. “We clarify Aadhaar card is not proof of citizenship and will not be accepted as proof of citizenship,” the court stated, reinforcing that electoral authorities retain the right to verify the authenticity of any submitted Aadhaar card, just as with other documents.
The directive follows submissions from the ECI, whose counsel confirmed during proceedings that Aadhaar would be incorporated in line with legal provisions. The poll body is now required to issue formal instructions to electoral officers by the end of the day, facilitating its implementation across Bihar. This move addresses concerns raised by petitioners, including NGOs and political figures, who argued that excluding Aadhaar—widely held by citizens—could hinder the registration process, especially in a state with high migration and documentation challenges.
The context of the ruling traces back to Bihar’s draft electoral roll published on August 1, which omitted around 65 lakh names, sparking allegations of arbitrary deletions without proper notice. The court has also mandated greater transparency, ordering the ECI to publish district-wise lists of omitted voters online, complete with reasons for exclusion, to build public confidence. Petitioners, including the Association for Democratic Reforms and Rashtriya Janata Dal MP Manoj Kumar Jha, had highlighted how the revision, initiated just months before assembly elections, risked violating constitutional rights to fair polls.
While the inclusion of Aadhaar as an identity proof is seen as a voter-friendly step, the court’s caveat underscores ongoing debates about its limitations, stemming from a 2018 judgment that Aadhaar establishes identity but not citizenship. Legal experts suggest this could set a precedent for similar electoral processes in other states, balancing inclusivity with rigorous checks to prevent fraudulent entries.
