Aadhaar, Voter ID Not Okay For Bihar Revision: Poll Body Tells Top Court Why

In a 789-page affidavit filed before the Supreme Court, the Election Commission of India, defending the controversial special intensive revision of electoral rolls in Bihar, has explained why Aadhaar and Voter ID cards are not accepted as standalone documents to prove eligibility for voter registration.

The Election Commission (EC) has said that while Aadhaar is proof of identity, it is not valid proof of Indian citizenship or residence - essential requirements for voter eligibility under Article 326 of the Constitution. New Aadhaar cards issued after January 2024 also state that Aadhaar is not proof of citizenship.

Citing several High Court decisions, including Rani Mistri v State of West Bengal (2016) and Khadija Swapna v State of Karnataka (2017), the EC emphasised that courts have consistently ruled that Aadhaar alone cannot establish citizenship.

Under Section 23(4) of the Representation of the People Act, 1950, the poll body pointed out, Aadhaar numbers are collected only as an optional field in enumeration forms and not as a required eligibility document.

The EC has also rejected the use of voter ID cards (EPIC) as valid proof during the special intensive revision (SIR) 2025 process, arguing that they often rely on older or outdated records. Using them, it said, undermines the purpose and procedural integrity of the SIR and accepting them alone would frustrate the goal of maintaining a clean, updated, and accurate voter list.

Ration Card On Case-By-Case Basis

On ration cards, the EC said, referencing the National Food Security Act, 2013, that they may be considered for eligibility on a case-by-case basis. The poll body pointed out that concerns were raised over bogus or fake ration cards, with over 5 crore such cards deactivated recently, and highlighted efforts to link ration distribution systems with Aadhaar to improve authenticity.

The EC maintains that the current verification process under SIR is constitutionally sound, procedurally solid, and legally compliant. The next hearing in the case will be on July 28.

Status

With just three days to go to submit enumeration forms for the intensive revision exercise, over 43.9 lakh voters now risk being excluded from the final list.

The Election Commission has said that after three rounds of home visits by Booth-Level Officers, these voters were not found at their registered addresses. Of these, 16.5 lakh voters have been confirmed dead, 19.7 lakh have permanently shifted to other places, 7.5 lakh are registered for voting at multiple locations, and 11,484 voters remain untraceable.