Supreme Court Orders Election Commission to Accept Aadhaar as 12th Identity Proof for Bihar Voter Roll Revisions
New Delhi, September 9, 2025 – In a landmark ruling, the Supreme Court of India on Monday, September 8, 2025, directed the Election Commission of India (ECI) to include Aadhaar as the 12th valid document for establishing voter identity during the ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar. The decision, delivered by a bench comprising Justices Surya Kant and Joymalya Bagchi, addresses mounting concerns over voter exclusions ahead of the state’s upcoming Assembly elections, while emphasizing that Aadhaar will not serve as proof of citizenship. The ruling aims to enhance inclusivity in the voter registration process while maintaining safeguards against fraudulent entries.
Background of the Bihar SIR
The ECI initiated the SIR exercise on June 24, 2025, to update Bihar’s electoral rolls, marking the first intensive revision since 2003. The process, aimed at ensuring “pure” electoral rolls by addressing duplicate entries, deaths, and migrations, sparked controversy when approximately 65 lakh voters were excluded from the draft rolls published on August 1. Opposition parties, including the Rashtriya Janata Dal (RJD), Congress, and others, along with NGOs like the Association for Democratic Reforms (ADR), challenged the SIR, alleging it risked disenfranchising vulnerable groups, particularly those lacking the 11 initially prescribed documents, which excluded widely held IDs like Aadhaar, ration cards, and voter IDs.
The 11 documents originally required included passports, birth certificates, matriculation certificates, and others, many of which critics argued were inaccessible to Bihar’s rural and marginalized populations. Aadhaar, held by 87% of the state’s population compared to only 14% with matriculation certificates and 2% with passports, was notably absent from the list, prompting accusations of arbitrary exclusion and comparisons to a “de facto NRC” (National Register of Citizens).
Supreme Court’s Ruling
The Supreme Court’s order came in response to petitions filed by ADR, RJD MP Manoj Jha, and others, who highlighted inconsistencies in the ECI’s refusal to accept Aadhaar despite its widespread use for identity verification across India. Senior Advocate Kapil Sibal, representing RJD, argued that Booth Level Officers (BLOs) rejecting Aadhaar constituted contempt of earlier court directives, citing an instance in Runnisaidpur, Sitamarhi district, where an Electoral Registration Officer issued show-cause notices to BLOs for accepting non-prescribed documents.
The bench invoked Section 23(4) of the Representation of the People Act, 1950, which allows the ECI to specify documents for identity verification, and clarified that Aadhaar, while not proof of citizenship under the Aadhaar Act of 2016, is a valid identity document. “There is no quarrel that as per the statutory status assigned to Aadhaar Card, it is not a proof of citizenship and therefore shall not be accepted as proof of citizenship,” the court stated. “However, Aadhaar Card is one of the documents enumerated for the purpose of establishing the identity of a person.” The ECI was directed to issue immediate instructions to officials to accept Aadhaar as the 12th document, subject to verification of its authenticity to prevent misuse.
The court emphasized the need to ensure only genuine citizens are included in the electoral rolls, noting, “Nobody wants the Election Commission to include illegal immigrants in the electoral roll. Those who are genuine citizens of this country are entitled to vote. Those claiming citizenship on forged documents are not.” To address concerns over transparency, the court reiterated its August 14 directive for the ECI to publish district-wise lists of the 65 lakh excluded voters, searchable by EPIC number, with reasons for deletion such as death, migration, or duplication.
Timeline and Implementation
The SIR schedule set a September 1 deadline for filing claims and objections to the draft rolls, with the final electoral roll slated for publication on September 30, 2025. The Supreme Court’s September 1 hearing allowed claims and objections to be filed beyond this deadline, up to the last date of nomination forms in each constituency, and directed the state legal service authority to deploy paralegal volunteers to assist voters. Monday’s ruling further facilitates this process by enabling online and physical submissions with Aadhaar or any of the 11 prescribed documents, addressing complaints that 7.24 crore voters’ enumeration forms were not uniformly processed.
The ECI reported that 99.6% of Bihar’s 7.24 crore voters in the draft roll had submitted documents, with 85,000 excluded voters filing for re-inclusion and over 2 lakh new voters registering. However, petitioners argued that the exclusion of Aadhaar had created unnecessary hurdles, particularly for rural and migrant populations.
Political and Social Reactions
The ruling has sparked varied responses. RJD leader Tejashwi Yadav hailed it as a victory against “vote chori,” accusing the ECI of initially designing the SIR to suppress opposition voters. “This decision will ensure no genuine voter is left out,” he posted on X. Congress leader Jairam Ramesh criticized the ECI’s earlier stance, questioning why Aadhaar, a cornerstone of India’s identity infrastructure, was excluded despite its use in welfare schemes. The BJP, part of the NDA ruling coalition in Bihar, welcomed the decision but urged strict verification to prevent fraudulent registrations, with Union Minister Amit Shah emphasizing the need to exclude “infiltrators” from the rolls.
NGOs like ADR and the People’s Union for Civil Liberties (PUCL) expressed relief, noting that Aadhaar’s inclusion could reduce procedural barriers for millions. However, they cautioned that the SIR’s focus on post-2003 voters and stringent documentation requirements still risked disenfranchising marginalized groups, including Scheduled Castes, Scheduled Tribes, and migrants. Advocate Prashant Bhushan, representing petitioners, called the ruling a step toward fair elections but urged the ECI to address transparency concerns fully.
Broader Implications
The Supreme Court’s directive is seen as a balancing act between voter inclusivity and electoral integrity, addressing a contentious issue as Bihar gears up for Assembly elections expected in November 2025. The decision aligns with earlier court observations on July 10 and August 22, which urged the ECI to consider Aadhaar, voter IDs, and ration cards to make the process “voter-friendly.” It also responds to criticisms that the SIR’s timing, just months before polls, could affect electoral fairness.
Legal experts note that the ruling reinforces Aadhaar’s role as a primary identity document while upholding the Citizenship Act, 1955, which governs nationality. The ECI’s mandate to verify Aadhaar authenticity aims to prevent misuse, addressing concerns raised by the 1995 Lal Babu Hussain judgment, which held that voters already on rolls should not be compelled to re-prove citizenship without due process.
As Bihar prepares for the final electoral roll publication on September 30, the focus remains on ensuring transparency and accessibility. The Supreme Court will hear the matter again on September 15 to monitor compliance, with the nation watching closely to see how this ruling shapes the democratic process in one of India’s most politically significant states.
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