In a judicial development impacting electoral processes in India, the Supreme Court has directed the Election Commission of India (ECI) and its authorities to accept Aadhaar Card as a valid proof of identity for the purpose of inclusion or exclusion in the revised voter list of the State of Bihar.
The matter arose in two connected writ petitions which sought clarity on the status and acceptability of Aadhaar Card as a supporting document under the Representation of People Act, 1950. The Court took cognizance of the statutory position that, under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, the Aadhaar Card is not considered proof of citizenship. Nonetheless, the Court held that the document is valid for establishing identity in the context of electoral rolls.
Key Directives of the Court:
- The Election Commission of India and its authorities are instructed to treat the Aadhaar Card as the 12th document in the list of acceptable identity proofs for revising the voter list in Bihar.
- Authorities must verify the authenticity and genuineness of the Aadhaar Card in the same manner as other enumerated documents, by seeking further proofs or documents if necessary.
- The Election Commission is directed to issue the relevant instructions to all concerned officials by September 9, 2025.
- The next hearing has been scheduled for September 15, 2025, by which date the Election Commission must comply with the Court’s directive.
Implications of the Order:
This ruling comes at a time when voter identification and eligibility have been subjects of intense debate across India. By clarifying that Aadhaar will serve as a proof of identity, the Court has struck a middle path — ensuring that while Aadhaar does not establish citizenship, it will suffice to confirm the identity of individuals for voter list purposes.
Senior Advocates and counsels representing the Election Commission and the Union of India accepted the notices and assured compliance with the Court’s direction. The order reflects judicial prudence by balancing statutory interpretations under the Aadhaar Act and the Representation of People Act, thereby ensuring the integrity of the electoral process without compromising the constitutional rights of citizens.
Background:
The issue became contentious amid challenges to the exclusion and inclusion criteria applied during the voter list revision process in Bihar. Several individuals faced difficulties due to the non-acceptance of Aadhaar as a valid identity document, prompting public interest litigation. The Court’s order is expected to standardize the practice and resolve ambiguities surrounding document verification by electoral authorities.
The Court’s decision is being seen as landmark, especially in light of increasing emphasis on digitization and the government’s push for a streamlined identification framework. It is anticipated to impact not just Bihar but other states where similar challenges in voter identification are being faced.
Case Details
Case Title: Association For Democratic Reforms & Ors. Versus Election Commission Of India
Case No.: Writ Petition(s)(Civil) No(s). 640/2025
Date: 08-09-2025
