NEW DELHI: The Supreme Court on Monday told the Election Commission to accept Aadhaar as the 12 th document for establishing voters idenity during the Special Intensive Revision of electoral rolls of Bihar, ahead of Assembly polls later this year.
A bench of Justices Surya Kant and Joymalya Bagchi directed for taking Aadhaar as a proof of identity. The court ordered the Election Commission to issue instructions to the Booth Level Officers to accept Aadhaar, while clarifying that the officials would be entitled to verify its authenticity and genuineness.
On a plea by RJD and others, the bench agreed that the Aadhaar card is not proof of citizenship. But keeping in view Section 23(4) of the Representation of People's Act, it is one document for the purpose of establishing the identity of any person, the court said.
"In view of the statutory status assigned to Aadhaar under Aadhaar Act, it is not proof of citizenship. However, keeping in view Section 23(4) of RP Act, Aadhaar card is one document for the purpose of establishing the identity of any person," the bench said.
The bench recorded an undertaking on behalf of the EC, represented by senior advocate Rakesh Dwivedi that Aadhaar card will be accepted as a proof of identity.
Senior advocate Kapil Sibal, appearing for the RJD, contended that though the apex court issued three orders, the EC has yet not issued any instructions to its officials at the ground level to accept Aadhaar card.
He said, "If they cannot accept that, what kind of inclusion excercise are they carrying out. They want to exclude the poor".
Dwivedi contended, Aadhaar cannot be accepted as a proof of citizenship. He also asserted that EC has the power to decide whether the applicant was a citizen.
He also said the EC has issued public advertisements in the media to give information to the voters about the Supreme Court's direction for the acceptance of Aadhaar.
Dwivedi also argued that Aadhaar does not have the same status as a passport or a land document, or a birth certificate.
The bench observed that Aadhaar is not alien to the RPA.
Dwivedi contended that 99.6% of 7.24 crore people have already submitted documents which the EC had asked for.
“So it is not a case that these 11 documents are not there. None of the political parties or petitioners have been able to point out that large number of people have been excluded,” he said.
Dwivedi said even RJD is talking about 253 persons, where an application was filed for exclusion but not entered in their name.
"Look at the totality of the picture, not more than 100 persons, all the petitioners have been able to point out any error," he said.
The bench, however, said, "We have already clarified to include Aadhaar."
Advocate Ashwini Kumar Upadhyay submitted that Aadhaar cannot be accepted if the person does not have any other 11 documents.
The court, however, pointed out RP Act itself mentioned Aadhaar card. Senior advocate Gopal Sankaranarayanan and Vrinda Grover submitted that Section 23(4) of the RP Act referred to the Aadhaar card as a document of identity and even Form 6 (for inclusion of first-time voters) specified the Aadhaar card as one of the acceptable documents.
On August 22, 2025, the Supreme Court had said those in 65 lakh voters deleted from the draft rolls in poll-bound Bihar can apply online for registration with such forms with any of 11 documents in Form 6 or Aadhaar card.
On August 12, 2025, the Supreme Court had said that Election Commission is correct in saying that the Aadhaar card cannot be used as a conclusive proof of citizenship as it has to be verified and the poll panel is within its remit to include or exclude someone from the electoral roll on the basis of the citizenship.
On July 10, 2025, the Supreme Court asked the poll body to consider Aadhaar, Voter ID, and ration cards for the SIR, as they formed the foundational records to obtain any of the 11 documents, including residence and caste certificates, listed by the Election Commission for the verification of voters.
A batch of petitions was filed by the political parties, persons and NGOs, seeking a direction to quash the EC's June 24 directive that requires large sections of voters in Bihar to submit proof of citizenship to remain on the electoral rolls.
Disclaimer: This content is produced and published by LawStreet Journal Media for informational purposes only and does not constitute legal advice. The views expressed are independent of any legal practice of the individuals involved.
