The Supreme Court has recently directed the Election Commission of India (ECI) to accept Aadhaar cards as a valid "12th document" for proof of identity during the Special Intensive Revision (SIR) of electoral rolls in Bihar. This decision aims to resolve the "identity crisis" surrounding Aadhaar's acceptance in the voter enrollment process.

Background of the Issue

The ECI initiated the Special Intensive Revision (SIR) of electoral rolls in Bihar to update the voter list. During this process, concerns arose regarding the acceptance of Aadhaar cards as a valid proof of identity. Despite previous Supreme Court orders and the Aadhaar Act recognizing it as a document for establishing identity, Booth Level Officers (BLOs) were reportedly refusing to accept Aadhaar, insisting on other documents from a pre-defined list of eleven. This led to the filing of petitions by political parties like RJD and others, who argued that the rejection of Aadhaar was hindering voter inclusion.

Supreme Court Intervention

Taking cognizance of the issue, a Supreme Court bench comprising Justices Surya Kant and Joymalya Bagchi directed the ECI to include Aadhaar as the 12th acceptable document for identity verification during the Bihar SIR. The Court clarified that Aadhaar can be submitted as a standalone document for inclusion in the voter list, similar to the other eleven documents originally specified by the ECI. The Court emphasized that ECI officials are entitled to verify the authenticity and genuineness of Aadhaar cards presented by voters. Furthermore, the Supreme Court made it clear that Aadhaar is only a proof of identity and not a proof of citizenship.

ECI's Compliance and Directives

Following the Supreme Court's order, the ECI has issued instructions to its officials in Bihar to accept Aadhaar cards as a valid proof of identity for the SIR. The ECI has also cautioned that any non-compliance or refusal to accept Aadhaar in accordance with the directive will be treated with utmost seriousness. The ECI has clarified that Aadhaar will be accepted and utilized only as proof of identity and not as proof of citizenship, in line with Section 9 of the Aadhaar Act.

Implications of the Decision

• Facilitating Voter Inclusion: The inclusion of Aadhaar as a valid identity document is expected to ease the process of voter registration, particularly for those who may not possess other documents from the original list of eleven.
• Addressing Identity Verification: Aadhaar serves as a widely available document for identity verification, streamlining the process of establishing a person's identity for inclusion in the electoral rolls.
• Clarifying Aadhaar's Status: The Supreme Court's order reinforces the understanding that Aadhaar is not a proof of citizenship but a tool for identity verification.
• Ensuring Authenticity: The ECI's right to verify the authenticity of Aadhaar cards ensures that the document is not misused for fraudulent voter registration.
• Strict Implementation: The ECI's warning against non-compliance underscores the importance of adhering to the Supreme Court's directive and ensuring the smooth implementation of the order.

The Supreme Court's intervention and the ECI's subsequent directives are significant steps towards resolving the "identity crisis" surrounding Aadhaar and ensuring a more inclusive and transparent voter enrollment process in Bihar. The matter is scheduled for further hearing on September 15, 2025.