Aadhaar Not Proof Of Citizenship: Election Commission Clarifies Usage In Bihar Voter List Revision To Supreme

The Election Commission of India has informed the Supreme Court that it has already issued clear guidelines stating that Aadhaar can be used only as proof of identity-not as proof of citizenship-during the inclusion or exclusion of names in Bihar's revised voter list. This clarification comes in line with the Supreme Court's order dated September 8, 2025, which outlined the limited scope of Aadhaar usage under Section 23(4) of the Representation of the People Act (RPA), 1950.

In its response submitted to the court, the EC said that the top court had already specified that Aadhaar should be used solely to establish identity for voter list updates. Section 23 of the RPA specifically deals with the process for adding names to electoral rolls.

Following the court's direction, the EC issued instructions on September 9, 2025, to the Chief Electoral Officer of Bihar, reiterating that Aadhaar is to be used only as identity proof and not as proof of citizenship for any inclusion or deletion in the state's revised voter list.

The commission's reply came in response to an interlocutory application filed by advocate Ashwini Kumar Upadhyay, who sought a direction ensuring that Aadhaar is used strictly for identity verification and authentication, as intended under Section 23(4) of the RPA, 1950.

The poll panel also highlighted that the Unique Identification Authority of India (UIDAI), in an office memorandum issued in August 2023, had clarified that Aadhaar does not serve as proof of citizenship, residence, or date of birth. This clarification was also referenced by the Bombay High Court in a related matter, which noted that Aadhaar cannot be treated as proof of date of birth and that the burden of establishing such details lies with the Aadhaar holder.

The EC stressed again that the Supreme Court's order dated September 8, 2025, had already addressed the scope of Aadhaar usage in electoral roll revisions. On October 7, the Supreme Court issued a notice regarding Upadhyay's application.

The bench noted that the apex court had previously affirmed that Aadhaar is not proof of citizenship or domicile. The application was filed in a pending petition seeking regular Special Intensive Revision of electoral rolls across the country.