Supreme Court backs ECI: Aadhaar not conclusive proof of citizenship, verification mandatory

PTC Web Desk: The Supreme Court on Tuesday upheld the Election Commission of India’s (ECI) position that Aadhaar cannot be considered definitive proof of citizenship, emphasising the need for independent verification.

A Bench headed by Justice Surya Kant made the observation while hearing petitions challenging the Special Summary Revision (SSR) of electoral rolls in Bihar. “The EC is correct in saying Aadhaar cannot be accepted as conclusive proof of citizenship. It has to be verified,” Justice Kant told senior advocate Kapil Sibal, appearing for the petitioners. The SC further stated that the primary issue was to determine whether the ECI had the authority to conduct such verification. “If they don’t have the power, everything ends. But if they have the power, there can’t be a problem,” Justice Kant remarked.

Sibal argued that the ECI’s verification process could result in large-scale voter exclusion, particularly affecting those unable to submit the required forms. He claimed that even voters listed in the 2003 rolls were being asked to re-submit forms, and failure to do so could lead to deletion of their names, despite no change of residence.

According to Sibal, while 7.24 crore people had submitted forms, around 65 lakh names were excluded without any proper inquiry into deaths or migration. “They admit in their affidavit that they did not conduct any survey,” he told the Bench. The court sought clarity on how this 65 lakh figure was determined and whether the concern was based on factual verification or assumptions. “We want to understand whether your apprehension is imaginary or a real concern,” the Bench noted, adding that those who had submitted forms were already included in the draft rolls.

Sibal further said the 2025 electoral roll showed 7.9 crore voters, of whom 4.9 crore were in the 2003 list, with 22 lakh recorded as deceased.

Advocate Prashant Bhushan, also representing the petitioners, alleged that the ECI had not publicly disclosed — either in court documents or on its website — the list of voters removed due to death or change of residence. “They say they have given some information to booth-level agents, but claim they are not obliged to give it to anyone else,” he submitted.

The Bench observed that if a voter submitted Aadhaar and ration card details, the ECI must verify them. It also sought clarification on whether voters entitled to receive notifications about missing documents had actually been informed.