DELHI | 10TH JULY 2025– The Supreme Court of India on Thursday urged the Election Commission of India (ECI) to consider allowing Aadhaar card, ration card, and electoral photo identity card (EPIC) as valid documents to prove voters’ identity in the ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar ahead of the upcoming Assembly elections.
COURT REFUSES TO STAY THE SIR PROCESS
A Bench comprising Justices Sudhanshu Dhulia and Joymalya Bagchi refused to stay the SIR process but questioned the ECI on its decision to exclude Aadhaar as proof of identity.
“After going through the documents, ECI has pointed out that the list of documents for verification of voters include 11 documents and is not exhaustive. Thus, in our opinion, it would be in the interest if justice if Aadhaar card, EPIC card and Ration card be included. It is for the ECI to still decide whether it wants to take the documents or not. If it does not take the documents, (it has to) give reasons for the same and the same shall satisfy the petitioners. Meanwhile, petitioners are not pressing for an interim stay,” the Court noted.
QUESTIONS RAISED BY THE SUPREME COURT
The Bench framed three key questions to be examined:
The powers of the ECI to conduct the SIR process.
The procedure for exercising those powers.
The short timeline, considering elections are due in November.
The Court issued notice to the ECI, asking it to file a counter affidavit by July 21 and set the next hearing for July 28.
PETITIONERS CHALLENGE ECI’S JUNE 24 DIRECTIVE
Multiple petitions, filed by opposition leaders and NGOs including the Association for Democratic Reforms (ADR), challenge the ECI’s June 24 directive mandating stringent citizenship documentation for those not on the 2003 electoral roll.
Senior Advocate Gopal Sankaranarayanan argued, “They say, if you are in 2003 rolls, you can avoid parents documents. Else others will have to prove citizenship. They have made exemptions for the arts, sports people, and that is completely arbitrary and discriminatory…This process has no basis under the law. It is arbitrary and discriminatory. The fact that they have put artificial line in 2003 is something which the law does not allow.”
AADHAAR AS A PROOF OF IDENTITY
The Court expressed its concern over the exclusion of Aadhaar:
“We feel since Aadhaar has been taken as a solid proof for inclusion in electoral rolls as per Section 23, it should be included. Your (ECI’s) enumeration list is all related to identity — matriculation certificate, etc.,” Justice Bagchi remarked.
“This entire exercise is (to establish) identity only,” Justice Dhulia said.
The Bench further noted, “Suppose I want a caste certificate. I show my Aadhaar card. I get a caste certificate based on that. So that is a document accepted, but not Aadhaar. So it is one of the basic documents which is considered by so many, (but is not considered by you).”
CONCERNS ON CITIZENSHIP DOCUMENTATION
The petitioners highlighted that the ECI’s requirement for extensive documentation could disenfranchise millions in Bihar, where documentation levels are low. ADR estimated over three crore voters may be excluded.
Kapil Sibal argued, “ECI has no power in this. Who are they to say we are citizens or not? They are people who are not registered as citizens and there are who are registered and can be deleted only in terms of Section 3. So the entire exercise is shocking. They say if you don’t fill a form you cannot vote. How can this be allowed?”
He emphasized, “The burden is on them and not me. They have to have some material in their possession to say that I am not a citizen! Not on me.”
TIMING OF THE EXERCISE
The Bench questioned the timing of this exercise so close to elections. Justice Bagchi stated, “There is nothing wrong in having this intensive process so that non-citizens don’t remain on rolls but it should be de hors this election which is coming up.”
Justice Dhulia added, “If you ask me these documents, I myself cannot show you all these. Then with all your timelines. You are showing the practicality.. I am telling you the issues on the ground.”
ECI’S STAND
Senior Advocate Rakesh Dwivedi, appearing for the ECI, defended the process, stating, “ECI has the direct relation with the voters. If voters are not there then we are non existent. Next we cannot discriminate on the basis of religion, caste etc. every person who is citizen and not less than 18 and not barred by law and not disqualified shall be entitled to be registered as a voter.”
Dwivedi also questioned the locus of the petitioners, stating, “Are the voters here? Only some people who write articles have come here. ADR was recently deprecated. I have serious objection to this.”
The Court, however, dismissed this argument. Justice Dhulia said, “This cannot be a serious objection. This cannot be your best point… please move ahead.”
KEY ISSUES IDENTIFIED BY THE COURT
Summarizing, the Bench outlined the three core issues:
The right to vote and its relation to democracy.
Not just the powers of ECI but also the procedure adopted.
The timing of the SIR process in relation to upcoming elections.
NEXT HEARING ON JULY 28
The Supreme Court made it clear it was reluctant to interfere with the ECI’s functioning but strongly urged the Commission to reconsider the inclusion of Aadhaar, ration card, and EPIC as valid proofs of identity.
The matter will now be taken up again on July 28, when the ECI is expected to submit its response.
