‘Aadhaar Can't Be Accepted As Citizenship Proof’: Supreme Court Endorses EC View During SIR Hearing

Last Updated:August 12, 2025, 16:34 IST

The SC sought clarity on the alleged exclusion of 65 lakh names from the draft voter list saying, "We want to understand whether your apprehension is imaginary or a real concern."

The Supreme Court of India (PTI file photo)

The Supreme Court on Tuesday endorsed the Election Commission of India’s (ECI) view that Aadhaar should not be considered conclusive proof of citizenship, stating that it must be independently verified. A bench of Justice Surya Kant and Justice Joymalya Bagchi was hearing petitions on the Special Intensive Revision (SIR) of the Bihar electoral roll.

“The EC is correct in saying Aadhaar cannot be accepted as conclusive proof of citizenship. It has to be verified," Justice Kant told advocate Kapil Sibal, who was appearing for the petitioners, as reported by LiveLaw.

‘Burden on them to prove it’: What Kapil Sibal said

During the hearing, Sibal argued that the poll body is not accepting Aadhaar, ration, and EPIC cards as proof of citizenship. “They [Election Commission] are not accepting Aadhaar; if I say I’m a citizen of India, the burden is on them to prove it, but none of this has happened," Sibal said.

Justice Suryakant said, “Bihar is a part of India. If Bihar does not have it, then other states will also not have it. What are these documents? If someone is a central government employee, then any identity card/document issued by local/LIC."

“They are saying that it cannot be confirmed. Talking about birth certificate, only 3.056% have it. Passport is for 2.7%…14.71% have matriculation certificate," said Sibal.

Justice Suryakant said that there must be something to prove that you are a citizen of India. “Everyone has a certificate, it is needed to buy a SIM…"

Sibal also referred to Rule 13 of the Registration of Electors Rules, 1960, which says every objection to a proposed inclusion of a name shall be in Form 7 and preferred by some person whose name is in the roll.

The bench then elaborated that Aadhaar, when submitted with other documents like a ration card, necessitates verification by the Election Commission. The court emphasised the importance of ensuring that all eligible voters are adequately informed about the necessary documentation to prevent any unwarranted exclusions.

Justice Kant highlighted the necessity for legal authority in the verification process, saying, “If they don’t have the power, everything ends. But if they have the power, there can’t be a problem."

‘Exclusion of 65 lakh names imaginary or real’: SC asks Sibal

Sibal argued that the poll panel’s process would lead to large-scale exclusion of voters, especially those unable to submit required forms. He claimed, “They admit in their affidavit that they did not conduct any survey."

Justice Suryakant said that it should be clarified whether the SIR process is according to the law or not. “Tell us whether such a process can be continued or not? If you say that such a process is approved under the conditional scheme, then we will consider the process. If you say that it is not in the Constitution, then action will be taken accordingly."

The top court further sought clarity on the alleged exclusion of 65 lakh names from the draft voter list. It questioned the basis of these figures, asking, “We want to understand whether your apprehension is imaginary or a real concern."

12 alive people shown dead, says Sibal: Just a draft roll, says EC

Sibal said that in a small constituency, there are 12 people who have been shown as dead, but they are alive. “BLO has not done anything."

On this, senior lawyer Rakesh Dwivedi from the Election Commission said that this is just a draft roll.

The Supreme Court asked the commission: “We want to know from you how many people have been identified as dead. Your officers must have done some work."

Lawyer Dwivedi said that in such a big process some mistakes will definitely happen, but it is not right to call a dead person alive and there is no need for a new IA.

(With inputs from agencies)

Shobhit Gupta

Shobhit Gupta is a sub-editor at News18.com and covers India and International news. He is interested in day to day political affairs in India and geopolitics. He earned his BA Journalism (Hons) degree from Ben...Read More

Shobhit Gupta is a sub-editor at News18.com and covers India and International news. He is interested in day to day political affairs in India and geopolitics. He earned his BA Journalism (Hons) degree from Ben...

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August 12, 2025, 16:34 IST

News india ‘Aadhaar Can't Be Accepted As Citizenship Proof’: Supreme Court Endorses EC View During SIR Hearing

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