Bihar SIR: Aadhaar shall be treated as the 12th document, Supreme Court directs Election Commission

Court orders Election Commission to instruct Bihar officials to accept Aadhaar for filing claims or objections during special intensive revision of electoral rolls; they can verify authenticity of document submitted

The Supreme Court on Monday (September 8, 2025) directed the Election Commission of India (ECI) to include Aadhaar as the 12th in a list of 11 ‘indicative’ documents, any of which persons seeking inclusion or exclusion in the electoral roll of Bihar could file as proof of their identity, during the ongoing Special Intensive Revision (SIR) process.

“Aadhaar shall be treated by the Election Commission of India as the 12th document,” a Bench of Justices Surya Kant and Joymalya Bagchi directed.

The court clarified that the use of Aadhaar while filing claims and objections would strictly be as proof of identity and not as evidence of Indian citizenship.

Also Read | Bihar SIR: Notices issued informing voters that Aadhaar can be submitted with claims, Election Commission of India informs Supreme Court

ECI officials were entitled to verify the “authenticity and genuineness” of the Aadhaar submitted to them, just like how they would do in the case of the other 11 documents, the court noted in the order.

“Apart from passport and birth certificate, none of the remaining nine of the 11 documents you [EC] have listed for SIR are conclusive proof of citizenship. The petitioners are also agreeing that Aadhaar is not proof of citizenship. Statutorily also Aadhaar is not proof of citizenship. Then why can’t you add Aadhaar too in the list? This court has asked you several times to consider Aadhaar… Why are you not?” Justice Bagchi asked the ECI’s counsel, senior advocate Rakesh Dwivedi.

On July 10, the Supreme Court had urged the ECI to consider accepting Aadhaar as a document of identity during the SIR exercise in the State. Again, on August 14, the top court formally directed the use of Aadhaar as a proof of identity and residence in the Bihar SIR process. Finally, on August 22, in response to complaints that the EC was still not accepting Aadhaar as a valid proof of identity or residence during the claims-and-objections period, the apex court had clarified that voters excluded from the draft electoral roll could attach either Aadhaar card or any of the 11 ‘indicative’ documents, along with their claims and objections.

Also Read | ‘Overwhelmingly’ more requests for exclusions than inclusions after August 22: Election Commission of India

On Monday (September 8, 2025), senior advocate Kapil Sibal, appearing for Bihar’s main Opposition party, the Rashtriya Janata Dal (RJD), said Booth Level Officers (BLOs) were refusing to accept Aadhaar from claimants despite these back-to-back orders from the top court.

“Your Lordships had clearly said several times that Aadhaar can be used as an alternative to any of the 11 documents. BLOs are still refusing. The EC is penalising officers for accepting Aadhaar and issued show-cause notices to BLOs who have allowed Aadhaar… Disciplinary proceedings have already started against these officers. There are no instructions from EC to officers to accept Aadhaar despite separate orders by this court… I have 24 affidavits from people from various districts who were unsuccessful in giving Aadhaar. The EC’s conduct amounts to gross contempt of this court’s orders… We want Aadhaar to be used as proof of residence or identity, so that a person can vote. We want only 11 documents plus Aadhaar,” Mr. Sibal submitted.

Mr. Dwivedi countered that Aadhaar cannot be accorded the same status as a passport, which was also proof of citizenship. Besides, he contended that over 99% of excluded voters have already submitted their claims and objections, disproving the petitioners’ argument that people did not have any of the 11 documents. Mr. Dwivedi said none of the political parties had pointed out any errors with the SIR process on the ground.

EDITORIAL | Another chance: On Bihar’s Special Intensive Revision exercise and the Supreme Court order 

Justice Kant said Aadhaar was like any other official document like ration card, passport, or birth certificate. Both statutes as well as judicial dictum did not consider Aadhaar as proof of citizenship. “You [EC] can accept Aadhaar and verify their authenticity,” Justice Kant observed.

Justice Bagchi said Aadhaar was not “alien” to the Representation of People Act. “One of the provisions of the Act, in fact, allows Aadhaar as proof of residence,” the judge pointed out.

The court ordered the ECI to issue instructions to officials, from Electoral Registration Officers to BLOs, working on the ground in poll-bound Bihar, to accept Aadhaar from persons filing claims or objections. Approximately 65 lakh voters, out of a total 7.89 crore in the State, were excluded from the ECI’s draft electoral roll for Bihar published on August 1. The deadline for filing claims to include names in the electoral roll and objections to exclude names for reasons, including death, permanent shifting and duplication, was September 1. However, the EC, on September 2, had clarified that claims and objections were welcome even beyond the September 1 deadline.

Also Read | Bihar voters challenging deletions will get mandatory hearing, says Election Commission of India

The court orally asked Mr. Dwivedi to give “publicity” to the judicial order so that aggrieved voters would come to know and file their claims and objections along with Aadhaar if need be. He responded that the order would be posted online.

The case is listed next on September 15 for further hearing.