Today, On 12th August, In the Bihar voter list revision case, the Supreme Court upheld the Election Commission’s stand that Aadhaar is not conclusive proof of citizenship, stressing that independent verification is necessary before linking it with the electoral roll to ensure authenticity.
New Delhi: The Supreme Court supported the Election Commission of India’s (ECI) position that Aadhaar cannot be regarded as definitive proof of citizenship, emphasizing the need for independent verification.
During a hearing on petitions contesting the Special Summary Revision (SIR) of electoral rolls in Bihar, a bench led by Justice Surya Kant stated, while addressing senior advocate Kapil Sibal, who represented the petitioners,
“The EC is correct in saying Aadhaar cannot be accepted as conclusive proof of citizenship. It has to be verified,”
The court also highlighted that the primary issue to resolve was whether the ECI had the authority to conduct the verification process.
Justice Kant remarked,
“If they don’t have the power, everything ends. But if they have the power, there can’t be a problem.”
Sibal expressed concerns that the poll panel’s procedure could result in the large-scale exclusion of voters, particularly those unable to submit the necessary forms. He noted that even voters listed in the 2003 electoral rolls were required to complete new forms, and failure to do so would result in their names being removed, despite no changes in residence.
According to Sibal, data from the Election Commission indicated that 7.24 crore individuals had submitted forms, yet approximately 65 lakh names were excluded without proper investigations into deaths or migrations.
He told the bench,
“They admit in their affidavit that they did not conduct any survey,”
The court inquired about the basis for the figure of 65 lakh and whether the concerns raised were founded on verified information or mere assumptions.
Pointing out that those who had submitted forms were already included in the draft rolls, the bench noted,
“We want to understand whether your apprehension is imaginary or a real concern,”
Sibal further stated that there were 7.9 crore voters in the 2025 list, with 4.9 crore from the 2003 list, and 22 lakh recorded as deceased.
Additionally, advocate Prashant Bhushan, also representing the petitioners, alleged that the ECI had not provided the list of voters excluded due to death or change of residence, either in court documents or on its website.
Bhushan asserted,
“They say they have given some information to booth-level agents, but claim they are not obliged to give it to anyone else,”
The bench observed that if a voter submitted a form along with Aadhaar and a ration card, the ECI was required to verify the information. It also sought clarification on whether those who needed to be notified about missing documents had indeed been informed.
Earlier, The Supreme Court of India heard a group of petitions that challenge the Election Commission of India’s (ECI) order dated June 24, 2025.
Case Title: In Association for Democratic Reforms & Others v. Election Commission of India, W.P.(C) No. 640/2025
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