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Supreme Court Upholds EC Stand: Aadhaar Alone Not Proof of Citizenship

The Supreme Court has backed the Election Commission’s view that Aadhaar cannot be treated as conclusive proof of citizenship and must undergo independent verification 

12-08-2025
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The Supreme Court on Tuesday upheld the Election Commission of India’s (ECI) position that Aadhaar alone cannot serve as definitive proof of citizenship and must undergo 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 right in saying Aadhaar cannot be accepted as conclusive proof. It needs verification,” Justice Kant told senior advocate Kapil Sibal, representing the petitioners.

The bench said the first matter to address was whether the Election Commission had the legal authority to carry out such verification. “If they lack the power, it ends there. But if they have it, then there should be no issue,” Justice Kant remarked.

Sibal argued that the verification drive could result in mass voter exclusions, particularly affecting those unable to submit the required forms. He claimed that even individuals listed in the 2003 electoral rolls were asked to reapply, with non-compliance leading to removal from the voter list despite no change of address.

Citing EC data, Sibal noted that while 7.24 crore people had submitted forms, around 65 lakh names were struck off without proper checks on deaths or migration. “They admit in their affidavit that no survey was conducted,” he said.

The court sought clarification on how the 65 lakh figure was calculated and whether these concerns were based on verified data or speculation. The bench also observed that those who had submitted forms were already included in the draft electoral rolls.

Sibal further stated that in the 2025 voter list, out of 7.9 crore names, 4.9 crore matched the 2003 rolls, while 22 lakh were recorded as deceased.

Advocate Prashant Bhushan, also for the petitioners, alleged that the EC had failed to publicly share the names of voters removed due to death or relocation, either in court or online. “They say some information was given to booth-level agents, but they claim they are not obliged to disclose it further,” he told the court.

The bench stressed that if a voter submitted Aadhaar along with a ration card, the EC was duty-bound to verify the details. It also questioned whether all affected voters had been properly notified about missing documentation.

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