Suryavanshi IAS: Aadhaar as Identity Proof in Bihar’s Electoral Roll Revision: Supreme Court’s Intervention

Monday, September 8, 2025

By Suryavanshi IAS

📌 Background

Case: Supreme Court directed the Election Commission of India (ECI) to include Aadhaar as the 12th “indicative document” for Bihar’s Special Intensive Revision (SIR) of electoral rolls.
Clarification: Aadhaar is only proof of identity and residence, not proof of citizenship.
Issue: BLOs on the ground reportedly refused Aadhaar despite SC orders, leading to claims of contempt.

Article 324 – Vests “superintendence, direction, and control” of elections in ECI.
Article 326 – Universal adult suffrage → Right to be included in electoral rolls.
Representation of the People Act, 1950 – Governs preparation & revision of rolls.
Aadhaar Act, 2016 – Aadhaar establishes identity, not citizenship.
SC Observations:
- Aadhaar akin to ration card/passport as identity proof.
- Not “alien” to RP Act → already recognized as proof of residence.

EC Concerns: Fake ration cards/Aadhaar may weaken voter eligibility checks.
Ground-level Challenge: BLOs refusing Aadhaar despite judicial mandate.
Ethical Angle:
- Inclusion vs Integrity: Prevent exclusion of genuine voters while safeguarding roll accuracy.
- Trust Deficit: Officers penalized for obeying SC creates administrative dilemma.

Inclusion of marginalized voters – Aadhaar widens access.
Limits of Aadhaar – Cannot determine citizenship → prevents misuse in sensitive border states.
Judicial Oversight – Reinforces accountability of ECI.
Electoral Governance – Shows tension between judicial directions and administrative compliance.

GS-I (Polity): Electoral process, universal adult franchise.
GS-II (Governance, Constitution, Polity):
- Article 324 powers of ECI.
- Electoral reforms.
- Judicial review of administrative actions.
GS-III (Technology & Governance): Aadhaar and digital governance.
GS-IV (Ethics): Integrity, accountability, fairness in democratic institutions.

GS-II, 2018: In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India?
GS-II, 2020: “The Indian Constitution has provisions for holding joint session of the two houses of the Parliament.” Discuss how and when it can be invoked by the President of India. (Linked: Judicial vs Legislative balance)
GS-II, 2021: “Judicial legislation is antithetical to the doctrine of separation of powers.” In this context, justify the filing of large number of public interest petitions praying for issuing guidelines to executive authorities. (Relevant: SC’s proactive role in Aadhaar-ECI issue).

Critically examine the Supreme Court’s direction to accept Aadhaar as proof of identity in Bihar’s electoral roll revision in the light of ensuring voter inclusion without compromising electoral integrity.
Discuss the constitutional and legal basis of using Aadhaar in electoral processes. Should Aadhaar be linked with voter ID?
What administrative and ethical challenges arise when judicial orders conflict with field-level practices? Illustrate with the recent Aadhaar–Bihar SIR case.

Clear Instructions: ECI must issue uniform orders to BLOs.
Awareness Campaigns: Publicize Aadhaar’s limited use (identity, not citizenship).
Audit Mechanisms: Periodic verification of inclusions/exclusions.
Balance: Ensure ease of inclusion (citizen rights) while safeguarding electoral integrity.

This case reflects:

It can be quoted in GS-II answers on ECI reforms, GS-III tech-governance, and GS-IV ethics (democratic fairness).