Today, On 24th February, The Supreme Court, hearing claims of Aadhaar misuse for Rohingyas in West Bengal, said, “This needs a deeper probe and the court is not a forum for this.” It advised advocate Ashwini Upadhyay to approach the Union government.
The Supreme Court said it cannot investigate allegations of misuse or fraudulent issuance of Aadhaar cards, and that such concerns should be taken up with the Union government.
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipin Pancholi made the remark while hearing a case connected to the ongoing Special Intensive Revision (SIR) of electoral rolls in West Bengal.
The question arose after the Court provided a clarification about accepting and using Aadhaar cards during the SIR.
Seeking further clarification, advocate Ashwini Upadhyay, also a member of the Bharatiya Janata Party (BJP), claimed that Aadhaar cards are being issued fraudulently in West Bengal, particularly to Rohingyas.
Justice Bagchi advised that Upadhyay may submit a representation to the Union of India for any statutory amendments, including to the Representation of the People Act.
The judge added,
“If Aadhaar is fraudulently procured on industrial scale, it has to be statutorily regulated. Aadhaar was brought in as a document to act as an identity proof and we have to acknowledge that. There is no question of citizenship being canvassed on Aadhaar,”
CJI Kant made a similar point,
“This needs a deeper probe and the court is not a forum for this.”
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In September 2025, the Supreme Court had directed the Election Commission of India (ECI) and its authorities to accept Aadhaar cards as proof of identity for inclusion or exclusion in the revised voter list of Bihar.
The Court observed that Section 23(4) of the Representation of the People Act, 1950, lists the Aadhaar card among documents acceptable to establish a person’s identity.
The Court ordered,
“Aadhaar Card, for this purpose, shall be treated as the 12th document by the Authorities. It is, however, made clear that the authorities shall be entitled to verify the authenticity and genuinity of the Aadhaar Card, like any of the other enumerated documents, by seeking further proof/documents,”
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Last year, the ECI carried out an SIR in Bihar ahead of assembly elections. Several petitions, including those from the Association for Democratic Reforms (ADR) and the National Federation for Indian Women (NFIW), contested the procedure, but the ECI continued as the Supreme Court did not stay the process.
The ECI then extended the SIR to other states and union territories, including West Bengal, Kerala and Tamil Nadu, prompting further legal challenges. The Court reserved orders on those petitions on January 29.
West Bengal Chief Minister Mamata Banerjee challenged the ECI’s decision to conduct an SIR in the state, asking the Court to direct that elections proceed using the existing rolls compiled last year and to halt deletion particularly of voters listed under “Logical Discrepancy.”
Earlier, On February 4, Banerjee appeared in person before the Court, raising several concerns about the SIR and accusing the ECI of singling out West Bengal ahead of the assembly elections.
Case Title: MAMATA BANERJEE vs. ELECTION COMMISSION OF INDIA & ANR., W.P.(C) No. 129/2026 (PIL-W) and Connected Matters
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