Supreme Court Directs EC to Accept Aadhaar as Identity Proof for Bihar Voter Rolls Revision with Key Citizenship Clarification

Why in News

The Supreme Court, on September 8, 2025, issued a directive to the Election Commission of India to include Aadhaar as the 12th document for verifying voter identity during the ongoing Special Intensive Revision of electoral rolls in Bihar. This step addresses fears of large-scale voter exclusion ahead of the state's Assembly elections, while the court made it clear that Aadhaar does not serve as evidence of citizenship. The order came during hearings on petitions challenging the revision process, which has sparked political debates and confusion over document requirements for proving eligibility.

Key Points

1. The Supreme Court bench, led by Justices Surya Kant and Joymalya Bagchi, ruled that Aadhaar can be used as proof of identity under Section 23(4) of the Representation of the People Act, 1950, but not as citizenship proof under the Aadhaar Act, 2016.
2. The Election Commission must accept Aadhaar as the 12th document alongside the existing 11 for inclusion or exclusion in Bihar's voter list, with instructions to verify its authenticity through additional proofs if needed.
3. The final electoral roll for Bihar is set to be published on September 30, 2025, following the SIR process that began in June to clean up duplicates and verify citizenship amid upcoming Assembly polls.
4. As per EC data, 99.6% of Bihar's 7.24 crore registered voters have already submitted required documents, with no major complaints of exclusions reported so far.
5. Voters enrolled before 2003 need only an extract from the 2003 roll, while those added later must provide one of the 11 documents or now Aadhaar to confirm date/place of birth for citizenship checks.
6. The 11 documents include birth certificate, passport, matriculation certificate, permanent residence certificate, forest rights certificate, caste certificate, National Register of Citizens extract, family register, land/house allotment certificate, government employee ID/pension order, and pre-1987 certificates from authorities like banks or post offices.
7. The court emphasized that none of the 11 documents are conclusive proof of citizenship except passports and birth certificates, and Aadhaar's inclusion raises the bar for exclusions by the EC.
8. The EC plans a nationwide SIR with January 1, 2026, as the qualifying date, and may seek state-specific inputs on additional documents, potentially influenced by this Bihar ruling.

Explained

Background of Bihar SIR Process

The Special Intensive Revision in Bihar started on June 24, 2025, as the first phase of a pan-India effort to update electoral rolls after over two decades. Bihar was selected due to its upcoming Assembly elections by November 2025 and issues like rapid urbanization, migration for jobs and education, and duplicate entries from voters not deleting old registrations. The EC received complaints from political parties about roll manipulations, such as in Maharashtra, prompting this cleanup. The process involves booth-level officers visiting homes to verify details with pre-filled forms, requiring proof for post-2003 enrollees to confirm citizenship via birth details. This has led to confusion and opposition fears of disenfranchising poor or migrant voters lacking documents.

Types of Electoral Roll Revisions in India

Electoral rolls are updated under the Representation of the People Act, 1950. There are three main types: Intensive revision rebuilds rolls from scratch with full house-to-house checks, used when rolls are outdated or after major events like delimitation. Summary revision is annual, publishing drafts for public claims on inclusions/deletions without door-to-door visits. Special revision handles urgent cases, combining methods under Section 21(3). Bihar's SIR is a hybrid, using existing rolls but adding birth proof at enumeration—a new step to ensure accuracy. Historical intensive revisions happened in 1952-56 (post-first elections), 1957 (state reorganization), 1960s (delimitation), 1980s-90s (preventing foreign enrollees in border areas), and early 2000s (with EPIC introduction). Shifts to summary revisions occurred as rolls improved, but intensive ones return for demographic or political accuracy needs.

Role of Aadhaar in Voter Registration and Identity Verification

Aadhaar, issued under the 2016 Act, is a 12-digit unique ID for residents, covering over 87% of India's population per UIDAI data. It's meant for subsidies and services, not citizenship, as it doesn't verify birth or parentage under the Citizenship Act, 1955. In elections, Aadhaar linking to voter IDs is voluntary since 2022 to reduce duplicates, but not mandatory. The SC's order adds it as identity proof for Bihar SIR, allowing claims against exclusions online or via forms. Authorities can still probe its genuineness, similar to other documents, raising the exclusion threshold since most Indians have Aadhaar. This could extend to nationwide revisions, easing access for those without traditional papers like birth certificates.

Legal Framework Governing Citizenship and Voter Eligibility

Under Article 326 of the Constitution, every citizen aged 18+ can vote. The Representation of the People Act, 1950, empowers the EC to prepare rolls, with Section 23(4) listing identity documents. Citizenship is defined by the 1955 Act: by birth (pre-1987), descent, registration, or naturalization. No single document proves it conclusively; it depends on birth date and parents' status. The EC refers suspected foreigners to tribunals under the 1964 Foreigners Order. Petitions challenge the EC's citizenship probe authority, arguing it oversteps, while the EC says it's essential for citizen-only voting. The SC has noted the process is voter-friendly, not exclusionary, with safeguards like burden on objectors for deletions.

Implications for Voters Elections and Nationwide Roll Updates

The order reduces disenfranchisement risks for Bihar's 7.89 crore voters (as of initial phase), especially migrants or those without old documents, by broadening options. It sets a precedent for the EC's planned national SIR, potentially including Aadhaar in border states facing infiltration issues. Politically, it calms opposition concerns in poll-bound Bihar, where 92% verification was done by July end. Broader impacts include cleaner rolls, fewer duplicates (India has 97 crore voters nationally), and debates on EC's role in citizenship amid NPR/CAA links. If exclusions rise, it could lead to court challenges, emphasizing due process. The EC will meet CEOs on September 10 for inputs, possibly varying documents by state.

Historical Evolution of Electoral Revisions and Challenges

Early post-Independence revisions (1950s) fixed inaccuracies from 1951-52 polls, like women's exclusions and lack of party help. 1960s focused on delimitation; 1980s-90s on border security against foreigners. By 2000s, EPIC integration helped, but costs and better rolls shifted to summaries. Safeguards evolved: no deletions without inquiry, guidelines against bias. Challenges included public ignorance, administrative gaps, and now migration-driven duplicates. Bihar's SIR revives intensive methods for trust in elections, but requires balancing verification with inclusion to avoid suppressing turnout.

MCQ Facts

Mains Question