The Supreme Court on Tuesday upheld the Election Commission of India’s (ECI) position that Aadhaar cannot be treated as conclusive proof of citizenship, stressing the need for independent verification. A bench led by Justice Surya Kant made the observation while hearing petitions challenging the Special Summary Revision (SIR) of electoral rolls in Bihar.
“The EC is correct in saying Aadhaar cannot be accepted as conclusive proof of citizenship. It has to be verified,” Justice Kant told senior advocate Kapil Sibal, representing the petitioners. The bench noted that the first issue to decide was whether the ECI had the authority to carry out such verification. “If they don’t have the power, everything ends. But if they have the power, there can’t be a problem,” Justice Kant remarked.
Petitioners Raise Concerns Over Voter Exclusion
Sibal argued that the ECI’s process risked large-scale voter exclusion, particularly affecting those unable to submit required forms. He stated that even voters on the 2003 rolls were required to fill new forms, with failure to do so leading to deletion of names despite no change in residence.
Citing ECI data, Sibal said 7.24 crore people had submitted forms, yet around 65 lakh names were excluded without inquiry into deaths or migration. “They admit in their affidavit that they did not conduct any survey,” he told the bench.
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The court questioned how the 65 lakh figure was determined and whether the concern was based on verified facts. “We want to understand whether your apprehension is imaginary or a real concern,” the bench said, pointing out that those who submitted forms were already in the draft rolls.
Sibal added that there were 7.9 crore voters in the 2025 list, including 4.9 crore from the 2003 list, and 22 lakh recorded as dead. Advocate Prashant Bhushan, also representing the petitioners, alleged that the EC had not disclosed — either in court or online — the list of voters excluded due to death or change of residence. “They say they have given some information to booth-level agents, but claim they are not obliged to give it to anyone else,” Bhushan said.
The bench further observed that if a voter submitted both Aadhaar and ration card details, the EC was obliged to verify them, and sought clarity on whether those entitled to notifications about missing documents had been duly informed.
