Issued Instructions On Using Aadhaar As Proof Of Identity, Not Citizenship: ECI Tells SC

New Delhi: The Election Commission of India (ECI) informed the Supreme Court that instructions on using the Aadhaar card as proof of identity and not of citizenship were already issued for the inclusion or exclusion in Bihar's voters' list.

The poll body filed its reply on an interlocutory application by advocate Ashwini Kumar Upadhyay seeking a direction that Aadhaar be used only for the purpose of establishing identity and authentication in the spirit of Section 23(4) of the Representation of the People Act, 1950.

The apex court had issued notice on October 7, on Upadhyay's application, filed for a pending plea seeking a direction to the EC to conduct Special Intensive Revision (SIR) of electoral rolls at regular intervals throughout the country.

In its reply filed in the top court, the poll body had said that on September 8, the apex court had already clarified the usage of Aadhaar for updating the voter list. It further said the court had stated that Aadhaar was to be used for the purpose of establishing identity against the backdrop of Section 23(4) of the RPA, 1950. Section 23 of the RPA deals with the inclusion of names in electoral rolls.

"By following the aforesaid order, the commission has already issued instructions dated September 9, 2025, to the chief electoral officer (CEO), Bihar, for usage of Aadhaar card as proof of identity and not as proof of citizenship… for the purpose of inclusion or exclusion in the revised voter list of the state of Bihar," the poll panel had said.

The apex court was informed that the Unique Identification Authority of India (UIDAI), in an office memorandum (OM) in August 2023, had clarified that Aadhaar was not proof of citizenship, residence, or date of birth.

The poll body said the Bombay High Court, in a matter, had referred to the office memorandum and held that it was indeed not proof of date of birth, and the onus of proof rests upon the Aadhaar holder.

Earlier, the apex court had observed that it had already said Aadhaar was neither the proof of citizenship nor domicile.

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