Introduction

On Monday, the Supreme Court instructed the Election Commission of India (ECI) to release an official notification confirming that Aadhaar can be used as an identity document for adding a voter’s name to the revised electoral roll being updated under the Special Intensive Revision (SIR) in Bihar.

Previously, a similar order was confined to nearly 65 lakh names that were proposed to be removed from the voters’ list, but now the scope has been widened to cover other voters as well.

A Bench comprising Justices Surya Kant and Joymlaya Bagchi specifically stated that Aadhaar will be recognized as the twelfth valid identity proof, in addition to the eleven documents already listed by the ECI for inclusion in Bihar’s electoral rolls.

The Court made it clear that Aadhaar serves only as proof of residence and not as evidence of citizenship, a position accepted by all parties involved in the case.

The judges also noted that the ECI has the authority to verify the legitimacy of Aadhaar cards submitted, in order to prevent the use of forged documents.

“Aadhaar card shall be considered a valid ID...for inclusion or exclusion in the revised rolls...It will stand as the 12th document...Yet, the authorities are free to check its authenticity and genuineness, and Aadhaar shall not be deemed proof of citizenship. The ECI shall release detailed instructions within the day,” the Court directed.

The Court’s directive is expected to bring clarity to lakhs of voters in Bihar and could also influence electoral practices in other states in the future.