SC allows 'Aadhaar' for voter registration, says "it is valid for identity, not citizenship"

In a landmark ruling that brings clarity to the ongoing controversy over voter list revision in Bihar, the Supreme Court has mandated that the Aadhaar card can be used as a valid document for establishing identity. The decision, which is expected to streamline the process of including or excluding names from the revised electoral rolls, provides a significant directive for electoral authorities. The court's judgment is a key step in resolving a long-standing debate over the role of Aadhaar in electoral processes.

The court has specifically ordered that the Aadhaar card will now be treated as the 12th document in the list of acceptable identity proofs for voter registration. This inclusion falls under the existing legal framework of the Representation of the People Act, 1950, which provides for the use of various documents to establish a voter’s identity. The move is aimed at making the registration process more accessible for citizens.

However, the Supreme Court was careful to draw a critical and clear legal distinction between a person's identity and their citizenship. The court emphasised that while an Aadhaar card is an effective tool for verifying identity, it must not, under any circumstances, be accepted as proof of Indian citizenship. This clarification is a crucial part of the ruling, preventing any misuse of the document to establish a person's nationality.

In its judgment, the court cited the Aadhaar Act and other relevant statutory provisions to reinforce its stance. It explicitly stated, “We clarify Aadhaar card is not proof of citizenship and will not be accepted as proof of citizenship.” This directive serves as a legal safeguard, ensuring that the integrity of the electoral roll remains protected against false claims of citizenship based on Aadhaar.

Furthermore, the court has granted electoral authorities the discretion to verify the genuineness of any Aadhaar card submitted, just as they would with any other identity document. This measure adds another layer of security and verification, ensuring that the process remains robust and tamper-proof. The court noted that officials are fully entitled to check the authenticity of the submitted Aadhaar cards.

Following the ruling, the court stated that the Election Commission of India (ECI) would be tasked with issuing instructions to all relevant authorities to implement this decision. This immediate follow-up action will ensure that the court’s order is swiftly and uniformly applied across the state, providing a clear pathway for the ongoing voter list revision process in Bihar.