'Aadhaar not a proof of citizenship', ECI tells SC amid Bihar roll row

SC hears pleas against Bihar voter roll revision; ECI says Aadhaar not proof of citizenship as Bench questions timing and risk of disenfranchising voters ahead of upcoming elections

The Election Commission of India (ECI) on Thursday informed the Supreme Court that the Aadhaar card cannot be considered proof of Indian citizenship, LiveLaw reported. The clarification came during the hearing of petitions challenging the Special Intensive Revision (SIR) of electoral rolls in Bihar. 

Petitioners argued against the ECI’s decision to exclude Aadhaar and voter ID cards from the list of 11 documents considered valid for verifying citizenship. These documents were being used during the enumeration process for voters not listed in the 2003 electoral roll. 

Senior advocate Gopal Sankaranarayanan, representing one of the petitioners, emphasised that while Aadhaar is accepted under the Representation of the People Act, the ECI has chosen not to consider it for the Bihar revision exercise.   

 

 

SC seeks clarification from ECI

A Bench comprising Justice Sudhanshu Dhulia and Justice Joymalya Bagchi asked the ECI to explain why Aadhaar was being excluded. Responding to the query, senior advocate Rakesh Dwivedi, appearing for the ECI said, “Aadhar Card cannot be used as proof of citizenship.” 

Justice Dhulia, however, remarked, “But citizenship is an issue to be determined not by the Election Commission of India, but by the MHA.” In defence, the ECI’s counsel said, “We have powers under Article 326.”

 

Concerns over voter disenfranchisement

The Bench questioned the timing of the revision exercise, pointing out that such an important measure should have been initiated earlier. 

Justice Bagchi expressed concern that a person already on the 2025 electoral roll might face disenfranchisement just months before an election, due to the revision. “Your decision... would compel this individual to appeal against the decision and go through this entire rigmarole and thereby be denied his right to vote in the ensuing election,” said Justice Bagchi, as quoted by LiveLaw. 

He said, “There is nothing wrong in you purging electoral rolls through an intensive exercise in order to see that non-citizens don’t remain on the roll. But if you decide only a couple of months before a proposed election...”   

 

SC hearing on electoral roll underway

The Supreme Court on Thursday began hearing a series of petitions challenging the Election Commission’s move to carry out a Special Intensive Revision (SIR) of electoral rolls in Bihar, which is set to go to polls later this year. 

Over 10 petitions have been submitted to the Supreme Court, with the lead plea filed by the NGO Association for Democratic Reforms. 

Several political leaders moved the apex court seeking the quashing of the Election Commission’s order. Among them are RJD MP Manoj Jha, Trinamool Congress MP Mahua Moitra, Congress leader K C Venugopal, NCP (Sharad Pawar) leader Supriya Sule, CPI leader D Raja, Samajwadi Party’s Harinder Singh Malik, Shiv Sena (UBT) MP Arvind Sawant, JMM’s Sarfraz Ahmed, and Dipankar Bhattacharya of the CPI(ML).