The Supreme Court on Friday directed the Election Commission of India (ECI) to accept Aadhaar as a valid identity document for Bihar voters seeking re-inclusion in the ongoing Special Intensive Revision (SIR) of electoral rolls. The order has triggered sharp debate over the constitutional propriety of using Aadhaar, a residency-based ID that is also available to foreign nationals, as proof in a process governed strictly by Article 326 of the Constitution, which restricts voting rights to Indian citizens.
A bench of Justices Surya Kant and Joymalya Bagchi, while hearing a batch of petitions against the June 26 SIR notification, ordered the ECI to accept claim forms submitted online without insisting on physical documents. The court further said applicants could furnish any of the 11 documents already prescribed by the ECI, or alternatively, an Aadhaar card.
Court’s sharp remarks on parties
The bench came down heavily on political parties in Bihar, questioning why they had failed to assist the lakhs of voters whose names were deleted. The court noted that while individual MPs and MLAs had filed objections, parties themselves had done little on the ground despite appointing booth-level agents (BLAs). The judges asked all 12 recognised political parties in the state to be impleaded in the matter and directed them to submit status reports next week explaining their efforts to help affected voters.
“Voters appear more conscious than political parties,” the bench observed, directing parties and their BLAs to actively assist voters in filing forms for inclusion.
Aadhaar: Not Citizenship, Not Voting Right
The ruling has ignited constitutional concerns because Aadhaar, unlike a voter ID, does not establish citizenship. According to the Unique Identification Authority of India (UIDAI), Aadhaar is issued to any resident foreign national including visa or long-term visa holders, OCI card holders, and citizens of Nepal and Bhutan, who has lived in India for 182 days in the preceding 12 months.
UIDAI website says, “All resident foreign nationals (Indian VISA/LTV holder, OCI card holder and citizen of Nepal/Bhutan) who resided in India for 182 days or more in 12 months immediately preceding enrolment application date are eligible for Aadhaar enrolment as resident foreigner.”
The UIDAI’s own website clarifies: “Aadhaar is not a document of citizenship and UIDAI has been mandated under the Aadhaar Act to ascertain residency of a person in India for 182 days prior to applying for Aadhaar. Also, the Supreme Court of India in its landmark decision has directed UIDAI not to issue Aadhaar to illegal immigrants.” The Supreme Court itself has previously directed UIDAI not to issue Aadhaar to illegal immigrants.
Article 326 of the Constitution is categorical that only citizens of India can exercise the right to vote. Critics argue that by allowing Aadhaar to serve as a sufficient document for voter roll revision, the apex court risks blurring the line between residency and citizenship, raising the spectre of a constitutional contradiction.
Next steps
Senior advocate Rakesh Dwivedi, appearing for the ECI, urged the court to give the poll body 15 days to prove that no wrongful exclusions had taken place during the revision exercise. The bench fixed September 8 as the next date of hearing and said it would consider extending the timeline or staying the SIR process if the objections suggested mass disenfranchisement.
The final electoral roll is scheduled to be published on 1 September 2025.
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