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Aadhaar may help establish a citizen’s identity but it cannot serve as proof of nationality, the Supreme Court clarified on Monday while hearing pleas against the Election Commission’s Special Intensive Revision (SIR) of electoral rolls in Bihar.

 

The bench of Justices Surya Kant and Joymalya Bagchi held that the biometric card, issued under the Aadhaar Act, 2016, can be accepted as the twelfth valid document for establishing identity during voter verification. The judges underlined, however, that the right to vote was confined strictly to citizens.

 

“Aadhaar card issued under Aadhaar Act 2016 shall be accepted for the purpose of establishing identity of the exclusion or inclusion being carried out in the revised electoral list process and that it shall be treated as the 12th document,” the bench stated.

 

The ruling came during the hearing of petitions, including those filed by political parties, challenging the Election Commission’s 24 June decision to launch a Special Intensive Revision in poll-bound Bihar.

 

Justice Bagchi observed that while the Commission’s manual listed documents accepted as proof of citizenship, Aadhaar did not figure in that category. The clarification was seen as a crucial safeguard in preventing non-citizens from being enrolled as voters.

Also read: Supreme Court backs EC on Aadhar

 

Senior advocate Kapil Sibal, appearing for the petitioners, pressed the court on whether Aadhaar could be used at all, recalling its earlier observation suggesting that Aadhaar, the Electors Photo Identity Card (EPIC) and ration cards should be considered.

 

“We are racing against time. What they are doing is shocking… Booth Level Officers (BLO) can’t decide citizenship. Proof of residence. They are not accepting Aadhaar for 65 lakhs also. ECI has directed the officials. Let Aadhaar be accepted if I am on voter list,” Sibal contended.

 

The Supreme Court clarified that election authorities would retain the liberty to verify Aadhaar’s authenticity when produced, reiterating that its role was confined to proving identity and not nationality.

 

The Election Commission’s special drive in Bihar, where elections are due later this year, has become the focal point of a political and legal storm, with opposition parties alleging that the SIR process could lead to arbitrary exclusions.