Aadhaar, ration card not valid proof of voter eligibility: ECI to Supreme Court in Bihar electoral roll case

The Election Commission of India (ECI) has told the Supreme Court that neither Aadhaar cards nor ration cards can be treated as proof of eligibility to vote in the ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar.

In a detailed affidavit filed before the top court, the ECI said that both documents fail to meet the standard required under Article 326 of the Constitution.

On Aadhaar, the Commission was categorical:

“Aadhaar has not been included in the list of 11 documents provided in the Enumeration Form, as it does not help in screening the eligibility under Article 326."

It clarified that Aadhaar can establish identity, but not citizenship.

The affidavit also pointed out that Aadhaar cards issued after January 2024 carry a statutory disclaimer that reads “Aadhaar is not proof of citizenship.”

To support its legal position, the Commission cited multiple High Court rulings, including Rani Mistri v. State of West Bengal, where the Calcutta High Court had held,

“The said Aadhaar Card by itself shall not confer any right of or be proof of, citizenship or domicile in respect of the holder thereto.”

Even so, the ECI confirmed that Aadhaar numbers are being collected in Bihar during the SIR, but only for the limited purpose of identity verification.

“Still, during the SIR in Bihar, ECI is collecting Aadhaar numbers, which will be used for the limited purpose provided under section 23(4) of the RP Act, 1950, through an optional field given in the Enumeration Form,” the affidavit stated.

On ration cards, the Commission adopted a similar stand. It noted that while ration cards are issued by State authorities under the National Food Security Act, their reliability is undermined due to the volume of fake and temporary cards in circulation.

As a result, ration cards have not been included in the list of 11 documents to be relied upon for screening electoral eligibility. However, the Commission clarified that the list is not exhaustive.

While maintaining the legality of the SIR exercise, the ECI underlined that both Aadhaar and ration cards can be used only as supplementary documents and not as standalone proof for inclusion in the electoral roll.

The poll body has asserted that this exercise is being carried out to ensure that "no eligible elector is left out from the electoral roll."

The affidavit comes in response to petitions before the apex court alleging that the SIR process may result in large-scale disenfranchisement, particularly of marginalised communities.

Rejecting these claims, the ECI said:

“The Petitioners contention that the failure to submit Enumeration Form will result in disenfranchisement, and the period of thirty-one days for such submission is insufficient, is incorrect.”