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Aadhaar as Voter Identity

16 Sep 2025 GS 2 Polity
Aadhaar as Voter Identity Click to view full image

Context:

  • The Supreme Court is hearing petitions challenging the Election Commission’s (EC) Special Intensive Revision (SIR) of electoral rolls in Bihar.

  • Central issue: Whether Aadhaar can be accepted as proof for voter verification and inclusion/exclusion from rolls.

Supreme Court Observations

  1. Aadhaar as Statutory Proof

    • A Bench of Justices Surya Kant and Joymalya Bagchi observed that Aadhaar is part of the statute under Section 23(4), Representation of the People Act, 1950.

    • This section allows Aadhaar to be used for authentication of voter entries in rolls.

  2. 12th Document

    • Court reaffirmed its earlier order (Aug 8, 2025) declaring Aadhaar as the 12th valid document voters can use, in addition to the 11 already notified by EC.

  3. Nature of Aadhaar

    • Petitioner argued: Aadhaar is not proof of age, citizenship, residence, or domicile—anyone (including non-citizens) can obtain it.

    • Court’s query: If Aadhaar is not proof of these, what is it then? Petitioner replied it is a “simple proof of identity.”

  4. Counterpoint

    • Court questioned whether documents like land records (already listed) could be considered more valid than Aadhaar.

    • Justices stressed EC has the statutory power to differentiate between citizens and infiltrators.

Legal & Constitutional Angle

  • Representation of the People Act, 1950: Governs preparation of electoral rolls.

  • Section 23(4): Explicitly allows linking Aadhaar with voter rolls for authentication.

  • SC Position : Aadhaar is a legitimate document under the law, but cannot override eligibility criteria (citizenship, residence, age).

Significance

  • Electoral Integrity vs Identity Proof: Balancing ease of verification with safeguarding against non-citizens entering rolls.

  • Citizenship Question: Aadhaar’s limitation (not proof of citizenship) creates tension with voter eligibility requirements.

  • Judicial Oversight: SC’s decision will affect how EC conducts future nationwide voter roll revisions.



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