Why in news?

The Supreme Court directed the Election Commission to include Aadhaar as the 12th valid identity document for Bihar’s Special Intensive Revision (SIR) of electoral rolls, while clarifying that Aadhaar establishes identity but not citizenship.

This strengthens the ability of excluded individuals to use Aadhaar, along with other listed documents, to challenge deletions or file claims for inclusion. Given Aadhaar’s coverage of over 87% of India’s population, this order significantly broadens the net for voter inclusion.

What’s in Today’s Article?

• Background
• SC Clarifies Aadhaar’s Role in Bihar Voter List Revision
• Other Valid Documents in Bihar’s SIR
• Why It Matters in Bihar

Background

• The Supreme Court is hearing petitions challenging the Election Commission of India’s (ECI) June 24 directive for a Special Intensive Revision (SIR) of electoral rolls in Bihar.
• Petitioners argue that the SIR risks arbitrary voter deletions without safeguards, potentially disenfranchising lakhs and undermining fair elections.
• The ECI defends the exercise as necessary to ensure only eligible citizens remain on the rolls ahead of the Bihar Assembly polls.
• A key dispute is over which documents should be accepted to verify voter identity.

SC Clarifies Aadhaar’s Role in Bihar Voter List Revision

• The Supreme Court directed the Election Commission to accept Aadhaar as the 12th valid identity document for Bihar’s Special Intensive Revision of electoral rolls but clarified it cannot prove citizenship.
• The EC must verify the authenticity of Aadhaar numbers before inclusion and ensure only genuine citizens are enrolled, excluding illegal immigrants or those using forged documents.
  • With this, the EC is permitted to verify Aadhaar’s authenticity and, if doubts persist, exclude individuals from the rolls.
  • Even genuine Aadhaar holders can face scrutiny over their citizenship, similar to those presenting other documents like caste or matriculation certificates.
• Referring to the Aadhaar Act, 2016 and the Representation of Peoples Act, the bench reiterated that Aadhaar cannot establish citizenship but can be accepted as proof of identity.
  • Citizenship, the Court stressed, is determined under the Citizenship Act, 1955, based on birth and parental status, not a single document.
• What Aadhaar Can and Cannot Do?
  • The Supreme Court clarified that Aadhaar can serve as proof of a voter’s identity and residence but not citizenship, since even non-citizens residing in India may hold Aadhaar cards.
  • The Election Commission (EC) has been directed to verify the genuineness of Aadhaar cards to prevent forged use in electoral rolls.
• How Citizenship Is Proved?
  • Citizenship must be established through documents such as passports, birth certificates with parental details, citizenship or naturalisation certificates, or certain government/school records backed by additional evidence.
  • Importantly, the Court held that booth-level officers (BLOs) cannot decide citizenship; only the Centre can, under the Citizenship Act. BLOs may verify only local identity and residence.

Other Valid Documents in Bihar’s SIR

• Identity card/Pension Payment Order issued to regular employee/pensioner of Central/State Govt/PSU
• Identity card/Certificate/Document issued in India by Govt./local authorities/Banks/Post Office/LIC/PSUs before 01.07.1987
• Birth Certificate issued by competent authority
• Passport
• Matriculation/Educational certificate from recognised Boards/universities
• Permanent Residence certificate issued by competent State authority
• Forest Right Certificate
• OBC/SC/ST or any caste certificate issued by competent authority
• National Register of Citizens (wherever it exists)
• Family Register prepared by State/Local authorities
• Land/house allotment certificate by Government

Significance of This Judgement

• Bihar’s voter list revision is one of India’s largest, covering 7.24 crore voters, with over 65 lakh names proposed for deletion.
• The inclusion of Aadhaar aims to protect genuine voters, particularly the poor who lack passports or formal IDs, from disenfranchisement.
• The Court also urged political parties to help excluded people during the revision process.
• Nationwide Implications
  • Although the order directly applies to Bihar, it has wider implications.
  • The EC is expected to conduct a nationwide SIR in 2026, and leaving Aadhaar out of accepted documents elsewhere will be difficult.
  • The EC is also seeking state-level suggestions on additional documents, especially in border states.
• Unsettled Question
  • A key unresolved issue is whether the EC has the authority to decide matters of citizenship.
  • While the EC insists its mandate is to ensure only citizens vote, petitioners question its power to enforce this mandate.
  • The SC may need to address this broader constitutional question in future hearings.