Aadhaar Gets Supreme Court Nod for Bihar Voter List, But Citizenship Still in Question

Image via The Indian Express
New Delhi, September 8, 2025 – The Supreme Court of India has made an important ruling on Monday. It directed the Election Commission of India (ECI) to accept Aadhaar cards as the 12th valid identity document for voters in Bihar’s Special Intensive Revision (SIR) of electoral rolls.
The Court, however, gave a strong clarification. It said that Aadhaar can be used only as an identity card. It cannot be treated as proof of Indian citizenship.
This order came at a time when Bihar is preparing for its next Assembly elections and voter list updates have become a hot topic.
What the Court Said
A bench of Justice Surya Kant and Justice Joymalya Bagchi passed the ruling. They made it clear that Aadhaar is important for identification but it cannot decide who is a citizen.
The judges explained that Aadhaar can now be accepted under Section 23(4) of the Representation of the People Act, 1950. This section allows different documents to be used for proving identity during the voter registration process.
Justice Bagchi also pointed out that most of the 11 documents already accepted by the ECI are not citizenship documents. For example, a ration card, driving licence, or PAN card only prove a person’s identity, not citizenship. The only exceptions are a passport or a birth certificate. Aadhaar will be treated in the same way.
Why This Ruling Became Necessary
The matter reached the Supreme Court after complaints from opposition parties, especially the Rashtriya Janata Dal (RJD). Senior advocate Kapil Sibal, appearing for RJD, told the Court that local electoral officers in Bihar were refusing to accept Aadhaar.
He said that even Booth Level Officers (BLOs) were being punished with show-cause notices if they accepted Aadhaar cards. This created confusion among voters and officers.
On the other side, senior advocate Rakesh Dwivedi represented the Election Commission. He said that almost 99.6% of Bihar’s 7.24 crore voters had already submitted other valid documents. He added that Aadhaar should only be seen as identity proof and not as citizenship proof.
Bihar’s Voter Roll Exercise
The Special Intensive Revision (SIR) is a big exercise to clean up Bihar’s electoral rolls. It started in June 2025. The draft list was published on August 1, and the final list will be out on September 30.
Earlier, the Supreme Court had also ordered the Election Commission to publish details of about 65 lakh voters removed from the draft list. It said the reasons for deletion must be shared publicly. The Court insisted that the SIR should focus on inclusion of voters, not exclusion.
This was important because many political parties had raised alarm over “en masse deletion” of names from the draft list. The Court wanted to make sure that no genuine voter is left out.
Court’s Balancing Act
The Court’s order tries to strike a balance between convenience and legal safeguards. Aadhaar is the most widely available identity card in India, and most people carry it. Accepting it in Bihar’s SIR makes the process easier and more inclusive.
At the same time, the Court warned that Aadhaar should not be misunderstood as a citizenship card. The Election Commission has been asked to check the genuineness of Aadhaar documents before accepting them.
The Court also reminded that giving Aadhaar does not end the duty of the ECI to verify the eligibility of voters. If someone is not a citizen, they cannot be added to the voter roll even if they have Aadhaar.
What Happens Next
The Election Commission is now expected to issue new instructions to its officers in Bihar. These instructions will make Aadhaar the 12th valid document for voter identity proof in the ongoing SIR.
Officials on the ground will have to follow two steps:
- Accept Aadhaar as an identity document.
- Verify that it is genuine and not forged.
The final electoral roll of Bihar will be published on September 30, 2025. This order will help many voters who did not have the earlier 11 documents but have Aadhaar.
Key Takeaways
- Date of ruling: September 8, 2025.
- Supreme Court directive: Aadhaar is the 12th valid identity document in Bihar’s SIR.
- Not citizenship proof: Court strictly warned against using Aadhaar as proof of nationality.
- Reason for case: Complaints that officers were refusing Aadhaar, despite earlier directions.
- Impact: Makes the process more inclusive and helps ensure no genuine voter is excluded.