Bihar Election 2025: Supreme Court Upholds ECI’s Stand on Aadhaar and Citizenship Proof

August 12, 2025

SC Endorses ECI’s Position on Aadhaar Card

In an important development ahead of the Bihar Assembly elections, the Supreme Court began hearing multiple petitions challenging the Election Commission of India’s (ECI) decision to conduct a Special Intensive Revision (SIR) of the electoral rolls in the state.
A bench comprising Justices Surya Kant and Joymalya Bagchi observed that the ECI was correct in stating that an Aadhaar card is not conclusive proof of citizenship. The court noted that verifying the citizenship status of voters falls squarely within the ECI’s constitutional mandate.

Controversy Over 65 Lakh Voters’ Exclusion

Senior advocate Kapil Sibal, representing RJD MP Manoj Kumar Jha, argued that the exclusion of around 65 lakh voters from the draft electoral roll published on August 1 was illegal, as no objections were raised against their inclusion prior to their removal.
The bench countered that, under electoral rules, excluded individuals must apply for inclusion, and objections would only be considered at that stage.

Document Availability Debate

Sibal raised concerns that many people in Bihar do not possess the required documents, such as birth certificates, matriculation certificates, or passports, as sought by the ECI during the SIR process.
Justice Kant dismissed the claim as overly broad, stating:

"Bihar is part of India. If they don’t have them, other states won’t either… Everybody possesses some certificate, whether it’s for OBC, SC, ST status, or even for buying a SIM card."

Due Process Concerns Raised

Senior advocate Abhishek Manu Singhvi, also appearing for one of the petitioners, stressed that any removal of voters on the grounds of citizenship status must follow due process, which cannot be completed just three to four months before the assembly elections.

Claims of Mass Disenfranchisement

Political activist Yogendra Yadav, appearing in person, warned that mass disenfranchisement has already occurred. He presented two individuals from Bihar in court, claiming they were wrongfully removed from the voter list as “deceased” despite possessing valid voter ID cards.

Petitioners and Relief Sought

The petitions, filed by Manoj Kumar Jha, the Association for Democratic Reforms (ADR), PUCL, Yogendra Yadav, Trinamool MP Mahua Moitra, and former Bihar MLA Mujahid Alam, challenge the ECI’s June 24 directive.
The petitioners argue that requiring large sections of voters to submit citizenship proof, while excluding commonly held documents like Aadhaar and ration cards, will disproportionately impact the poor and marginalised, particularly in rural Bihar.

Next Steps in the Case

The Supreme Court has not yet delivered a verdict, and arguments will continue. The outcome will be significant in shaping voter eligibility verification processes, especially in states where documentation challenges persist.