EC clarifies to SC that Aadhaar will not be used to verify citizenship

The Election Commission of India informed the Supreme Court that it had already instructed officials to use the Aadhaar card solely as proof of identity, not of citizenship, when adding or removing names from Bihar’s updated voter list.

In a response filed with the top court, the Commission said that the court had already, on September 8, clarified how Aadhaar could be used for updating the voter list.

It noted that the court had indicated Aadhaar should be used only for identity verification under Section 23(4) of the Representation of the People Act (RPA), 1950.

Section 23 of the RPA outlines the process of including names in electoral rolls.

“Following the above order, the Commission has already issued instructions dated September 9, 2025, to the Chief Electoral Officer (CEO) of Bihar, directing that the Aadhaar card be used as proof of identity and not of citizenship for inclusion or exclusion in the revised voter list of the state,” the Election Commission stated.

The EC’s response came to an interlocutory application submitted by advocate Ashwini Kumar Upadhyay, who requested that Aadhaar be used strictly for identity verification and authentication in line with Section 23(4) of the RPA, 1950.

The Commission further noted that the Unique Identification Authority of India (UIDAI), through an office memorandum issued in August 2023, had clarified that Aadhaar does not serve as proof of citizenship, residence, or date of birth.

It added that the Bombay High Court had referred to this memorandum in another case, ruling that Aadhaar was not proof of date of birth and that the burden of proof lies with the Aadhaar holder.

“It is also important to note that this court, through its order dated September 8, 2025, had already clarified the purpose of Aadhaar in connection with the inclusion and exclusion of names from the voter list,” the EC emphasized.

On October 7, the Supreme Court issued a notice regarding Upadhyay’s petition.

The bench reiterated that the apex court had previously clarified Aadhaar cannot be considered proof of citizenship or domicile.

The application was part of a pending petition seeking directions for the Election Commission to carry out Special Intensive Revisions of electoral rolls at regular intervals across the country.