NEW DELHI, JULY 28, 2025 — The Supreme Court on Monday urged the Election Commission of India (ECI) to include Aadhaar and the Electoral Photo Identity Card (EPIC) in the list of acceptable documents during the ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar.
SUPREME COURT QUESTIONS EXCLUSION OF AADHAAR AND EPIC
A Bench comprising Justice Surya Kant and Justice Joymalya Bagchi expressed concern over the ECI’s rationale in excluding Aadhaar and EPIC from the document list, stating that all documents are susceptible to forgery.
“Include these two documents. Tomorrow you may see not only Aadhaar but out of 11 they can also be forged. That’s a separate issue. But we are [on] mass exclusion. It should be mass inclusion. Please include Aadhaar,” the Court remarked.
BACKGROUND: PETITIONS AGAINST ECI’S DIRECTIVE
The Court was hearing a batch of petitions challenging the ECI’s June 24 directive for a Special Intensive Revision ahead of the Bihar Assembly elections.
Petitioners argued that the directive violated Articles 14, 19, 21, 325, and 326 of the Constitution, and deviated from the Representation of the People Act, 1950, and Registration of Electors Rules, 1960.
ECI DEFENDS ITS STAND
The ECI, represented by Senior Advocate Rakesh Dwivedi, defended its decision under Article 324 of the Constitution and Section 21(3) of the 1950 Act, citing the need to address urban migration, demographic changes, and the lack of a thorough revision in 20 years.
Dwivedi further noted concerns with fraudulent documentation:
“There are large scale issues with ration cards,” he submitted, adding, “EPICs also cannot be conclusive.”
However, the Bench challenged this argument.
“You say none of the documents are conclusive. As per SIR notification… suppose someone uploads the form with Aadhaar why will you not include it in draft?” asked Justice Bagchi.
“Why only EPIC etc. Any documents can be forged. Let us proceed with Aadhaar and EPIC Card,” added Justice Kant.
COURT PRESSES FOR DOCUMENT INCLUSION
Dwivedi stated that the ECI does accept Aadhaar — but only with a supporting document.
ADR SEEKS STAY ON FINALIZATION
Senior Advocate Gopal Sankaranarayanan, appearing for the Association of Democratic Reforms (ADR), requested a stay on the finalization of electoral rolls. However, Justice Kant denied the request:
“The process cannot be stayed.”
Dwivedi assured the Court that citizens can raise objections to the draft list, prompting a strong response from the Bench:
“It does not take away our power. Trust us… as soon as we know anything is wrong… we will quash everything. You be ready,” said Justice Kant.
HEARING ADJOURNED FOR CJI MEETING
The Court adjourned the matter for the day due to a scheduled meeting with the Chief Justice of India (CJI) and instructed counsels to provide a timeline for their arguments.
“Just give us the schedule. We will fix the time. Today’s meeting may take some time,” said Justice Kant.
