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SC Directs EC to Accept Aadhaar as Proof of Identity in Electoral Roll Revision

Overview: The Supreme Court has directed the Election Commission to accept Aadhaar as the 12th indicative document for voter identity verification in Bihar. The order aims to prevent the exclusion of nearly 65 lakh voters from the draft rolls. Aadhaar will serve only as proof of identity or residence, not citizenship.


SC Directs EC to Accept Aadhaar as Proof of Identity in Electoral Roll Revision

The Supreme Court has directed the Election Commission (EC) to receive Aadhaar as the 12 th indicative document in the identity verification during the special intensive revision of the rolls in Bihar. The court further explained that Aadhaar would only be used as an identity or residence demonstration but not citizenship. This was ordered following reports that the booth-level officers (BLOs) were rejecting Aadhaar even after the SC had given earlier orders. The directive targets to include the disenfranchised and avoids disenfranchising those voters who are almost 65 lakh and do not appear on the draft rolls. The EC has been now advised to give clear instructions and publicise the order.

Key Points in Detail

Background and Context

  • Bihar: 65 lakh voters left out of draft roll of 7.89 crore.

  • Objections and claims were until the end of Sept 1.

  • SC had previously requested EC ( July 10, Aug 14, Aug 22) to receive Aadhaar.

  • RJD claimed that the BLOs rejected Aadhaar; police who received it were fined.

Supreme Court’s Directive

  • Aadhaar as the 12 th indicative document to be added.

  • Purpose: only proof of identity/ residence and not citizenship.

  • Aadhaar was put at par with other non-conclusive ID documents such as voter ID or ration card.

  • EC to get instructions down to the top level to BLOs.

  • Court requested EC to publicize so that voters can be aware that Aadhaar is valid.

Arguments in Court

  • Kapil Sibal (RJD): EC Aadhaar refusals by BLOs, EC in contempt; officers to be disciplined. Affected voters affidavit

  • Rakesh Dwivedi (on behalf of the EC): Aadhaar is not an equivalent of a passport; 99 percent of voters have been made; there is no flaw in the process.

  • Court opinion: Aadhaar was a recognised residence proof in Representation of People Act; why not excluded.

Legal Significance

  • Reaffirms distinction Aadhaar = ID/residence proof, not citizenship proof.

  • Trade-offs include voter inclusion and misuse.

  • Enhances judicial control of EC performance in electoral roll management.

Next Steps

  • EC should also publish circulars in order to get Aadhaar accepted.

  • Citizen-education campaigns.

  • On September 15, 2025, the case was listed for further hearing.

Conclusion

The SC order requiring Aadhaar acceptance in revising electoral roll is an important measure to avoid large scale voter disenfranchisement in Bihar. Although it reaffirms the fact that Aadhaar is not citizenship, the ruling gives preference to inclusion by expanding the range of accepted IDs. In the case of UPSC, it is a conflict between the integrity of the electoral process, the administrative adherence, and the judicial regulation of the protection of democratic participation.

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