New Delhi: The Supreme Court has supported the Election Commission of India’s (ECI) position that an Aadhaar card cannot be considered definitive proof of citizenship for voter registration purposes. The declaration came during a hearing regarding petitions that challenge the Special Intensive Revision (SIR) of electoral rolls in Bihar, a process petitioners claim has resulted in the mass exclusion of voters.
A bench headed by Justice Surya Kant affirmed the ECI’s stance, stating, “The EC is correct in saying Aadhaar cannot be accepted as conclusive proof of citizenship. It has to be verified”. The court identified the primary legal question as whether the Election Commission has the constitutional authority to conduct such a verification exercise.
Representing the petitioners, Senior Advocate Kapil Sibal argued that the ECI’s revision process could lead to the widespread disenfranchisement of eligible voters. He contended that approximately 6.5 million names were removed from the voter rolls without a thorough inquiry into reasons such as death or migration. Sibal also noted that even individuals on the 2003 electoral rolls were being asked to submit new forms to remain on the list.
Adding to the petitioners’ arguments, Advocate Prashant Bhushan claimed the Election Commission has failed to publicly disclose the list of voters who were excluded from the rolls, either in court documents or on its website. The court questioned the origin of the 6.5 million figure and asked whether the petitioners’ concerns were based on verified data or speculation.
The bench observed that the Election Commission is obligated to verify the details if a voter submits an Aadhaar card along with other documents like a ration card. It also requested clarification on whether voters with incomplete forms had been properly notified. The case is part of an ongoing legal challenge to the ECI’s revision of Bihar’s electoral rolls ahead of the state’s 2025 assembly elections.
