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| Instructions on using Aadhaar as proof of identity, not citizenship, already issued: EC to SC | | | NEW DELHI, Nov 15: The Election Commission of India has told the Supreme Court that it had already issued instructions for using the Aadhaar card as proof of identity and not of citizenship, for inclusion or exclusion in the revised voter list of Bihar.
In a reply filed in the top court, the poll panel said that the court on September 8 had already clarified the usage of Aadhaar for updating the voter list.
It said the court had stated that the Aadhaar card was to be used for the purpose of establishing identity in view of Section 23(4) of the Representation of the People Act (RPA), 1950 .
Section 23 of the RPA deals with the inclusion of names in electoral rolls.
"… by following the aforesaid order, the commission has already issued instructions dated September 9, 2025, to the Chief Electoral Officer (CEO), Bihar for usage of Aadhaar card as proof of identity and not as proof of citizenship… for the purpose of inclusion or exclusion in the revised voter list of the state of Bihar," the poll panel said.
The Election Commission (EC) filed its reply on an interlocutory application by advocate Ashwini Kumar Upadhyay, who sought a direction that Aadhaar be used only for the purpose of establishing identity and authentication in the spirit of Section 23(4) of the RPA, 1950.
The poll panel said the Unique Identification Authority of India (UIDAI), in an office memorandum (OM) in August 2023, had clarified that Aadhaar was not proof of citizenship, residence, or date of birth.
It said the OM was referred to by the Bombay High Court in a matter, holding that it was indeed not proof of date of birth, and the burden of proof rests upon the Aadhaar holder.
"It is also important to highlight that this court vide its order dated September 8, 2025… has already clarified the usage of Aadhaar for the purpose of inclusion and exclusion in the voter list," the EC said.
On October 7, the top court issued notice on Upadhyay's application.
The bench had observed that the apex court had already said Aadhaar was not the proof of citizenship and domicile.
The application was filed in a pending plea seeking a direction to the EC to conduct Special Intensive Revision of electoral rolls at regular intervals throughout the country. |
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