SC directs EC to accept Aadhaar as valid ID proof in Bihar voter list revision

New Delhi: The Supreme Court on Monday directed the Election Commission of India (ECI) to treat Aadhaar as a valid proof of identity for inclusion in the revised voters list of Bihar, clarifying that it should be accepted as the “12th document” alongside the 11 already specified by the poll panel.

A bench of Justices Surya Kant and Joymalya Bagchi, while hearing pleas linked to the Bihar Special Intensive Revision (SIR), made it clear that Aadhaar can serve as proof of identity but not of citizenship. The Court also directed the ECI to issue instructions to its field officials for immediate compliance and allowed them to verify the authenticity of Aadhaar cards produced by applicants.

The order came after petitioners, including the RJD, complained that local election officials were refusing to accept Aadhaar as a stand-alone document despite earlier court orders. Senior advocate Kapil Sibal argued that this was leading to the exclusion of poor voters who rely primarily on Aadhaar.

Senior advocate Rakesh Dwivedi, appearing for the ECI, maintained that Aadhaar is not proof of citizenship but acknowledged that it could be accepted as an identity document under Section 23(4) of the Representation of the People Act. He assured the bench that the poll body would comply.

Justice Bagchi noted that, except for passports and birth certificates, none of the other 11 accepted documents establishes citizenship either. The bench then clarified that Aadhaar must be treated as the 12th identity proof for voter list inclusion, while reiterating that it cannot be used to determine citizenship status.

The Court’s order further directed the ECI to issue instructions the same day to ensure uniform implementation.

Earlier, the Court had, in July and August, permitted Aadhaar to be considered, along with other documents like ration cards and EPIC, for voter list inclusion. Monday’s order now settles the matter by explicitly adding Aadhaar as an additional document for identification purposes.

(with Live Law Inputs)