Supreme Court Asks ECI To Consider Aadhaar, Voter Id & Ration Card In Bihar Voter Roll Overhaul; Questions Timing Of SIR Ahead Of Polls

A Bench of Justice Sudhanshu Dhulia and Justice Joymalya Bagchi observed, “There is a democratic process which is on. It's a part of democratic process also….You may question it, we'll examine it, no doubt about that. So that's what the question is. We can't stop the constitutional body.”

During the post-lunch session, Senior Advocate Rakesh Dwivedi, appearing for the ECI, reiterated, “Aadhaar proves identity, but not other factors. Each document has its limited purpose and is valid only for that. Aadhaar can be issued to non-citizens who are residents of India. Every resident is entitled under the Aadhaar Act. An Aadhaar number alone doesn’t prove citizenship.”

When Justice Dhulia pointed out that “Caste certificates are based on Aadhaar…Caste certificates are on your accepted list, yet Aadhaar itself isn’t,” Dwivedi responded, “Caste certificates aren’t based solely on Aadhaar.”

Justice Bagchi pressed, “None of the documents you’ve listed are, by themselves, conclusive proof of citizenship.” Dwivedi replied, “Birth register is one such document.” Justice Bagchi remarked, “Yes, but most of the others are just proof of residence, not citizenship. Even Aadhaar doesn’t interfere with your policy.” Dwivedi responded, “We would have included Aadhaar, but the law doesn’t permit it.”

To this, Justice Dhulia noted, “Once you have said it is not exhaustive you have to. Aadhaar is mentioned in the statute and voter ID card issued by you.”

Senior Advocate Abhishek Manu Singhvi submitted that “An exercise of this scale should not be linked to an upcoming election.” Justice Dhulia responded, “But that’s like deciding the entire case.” Singhvi said, “No... The ECI keeps highlighting the number of forms received, but that doesn't validate the process. Supporting documents will only be scrutinized later.”

Singhvi added, “Aadhar card should be accepted. There is 87% coverage. EC voter ID card should be accepted and third is ration card.”

The Court made the following order:

“An important question has been raised in these petitions before this Court, which goes to the very root of functioning of a democratic republic that is a country. The question is of the right to vote. This question is what is the right to vote. The petitioners would argue that in the exercise which has been undertaken by the ECI in its order dated 24 June 2025, which is the Special Intensive Revision of electoral roll apparently under Section 21(3) of the Representation of People Act 1950, is not only violative of fundamental rights of the voters under Articles 14, 21, 324, 325 and 326 of the Constitution but also violates the provisions of the Representation of People Act, 1950 and the rules framed therein, particularly the Registration of Electors Rules, 1960.

Mr. Dwivedi submits that the list of 11 documents is not exhaustive, as reflected in the June order. Therefore, the Court directs that the Election Commission will also consider Aadhaar cards, EPIC voter ID cards issued by the ECI, and ration cards for the purpose of the revision exercise.

We are of the considered view that the matter needs hearing before the appropriate Court on 28th July 2025. Meanwhile, the counter affidavit will be filed by the Election Commission within one week from today and the rejoinder, if any, will be filed before 28th July 2025.

The petitioners are not pressing for an interim stay at this stage, as in any case the draft electoral roll is to be published only on August 1st 2025 and the matter is listed before the court prior to that on 28 July 2025.”

During the pre-lunch hearing, the ECI told the Court that the Aadhaar Card cannot be used as proof of citizenship.