Aadhaar Not Standalone Proof of Citizenship, Must Be Verified: SC Backs EC in Bihar Voter List Case

New Delhi: The Supreme Court on Tuesday upheld the Election Commission of India’s (ECI) position that Aadhaar cannot be deemed conclusive proof of citizenship, underscoring that such claims require independent verification.

A bench led by Justice Surya Kant made the observation while hearing petitions challenging the Special Summary Revision (SSR) of electoral rolls in Bihar. “The EC is correct in saying Aadhaar cannot be accepted as conclusive proof of citizenship. It has to be verified,” Justice Kant told senior advocate Kapil Sibal, appearing for the petitioners.

The court said the first issue to be determined was whether the ECI possessed the authority to conduct such verification. “If they don’t have the power, everything ends. But if they have the power, there can’t be a problem,” the bench remarked.Sibal argued that the process could trigger large-scale voter exclusion, particularly affecting those unable to submit the required forms. He alleged that even voters included in the 2003 rolls were required to reapply, with failure to do so resulting in deletion of names despite no change in residence. Citing ECI data, Sibal noted that while 7.24 crore people had submitted forms, about 65 lakh names were struck off without any proper inquiry into deaths or migration. “They admit in their affidavit that they did not conduct any survey,” he said.

The bench questioned the accuracy of the 65 lakh figure, asking whether the concern was based on verified data or speculation. It observed that those who had submitted forms were already in the draft rolls. Advocate Prashant Bhushan, also representing the petitioners, accused the EC of withholding the list of voters excluded due to death or change of residence. “They say they have given some information to booth-level agents, but claim they are not obliged to disclose it to anyone else,” he said.

The court added that if a voter submitted a form with Aadhaar and ration card, the ECI was bound to verify the details. It also sought clarification on whether individuals missing documents had been duly notified.