SC Asks ECI To Accept Aadhaar, Ration Card As ID Proof, Refuses To Stay Bihar Voter List Revision

Bihar Elections 2025: The Supreme Court on July 10 urged the Election Commission of India to consider accepting Aadhaar, ration card, and EPIC as valid identity proofs for voters during the special electoral roll revision in Bihar ahead of the 2025 Assembly elections. The Court sought ECI’s response but did not halt the revision process.

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New Delhi: The Supreme Court, on July 10, urged the Election Commission of India (ECI) to consider accepting Aadhaar, ration cards, and electoral photo identity cards (EPIC) as valid documents to establish voter identity during the special intensive revision (SIR) of electoral rolls currently underway in Bihar, ahead of the upcoming Assembly elections.

While the Court declined to stay the SIR process, it repeatedly questioned the ECI's decision to exclude Aadhaar as a valid form of identification. Although no interim order was passed to halt the revision, the Court directed the ECI to provide a justification if it decides not to include Aadhaar, ration cards, or EPIC in the list of acceptable documents.

A Bench of Justices Sudhanshu Dhulia and Joymalya Bagchi repeatedly asked the ECI how it could disallow Aadhaar as one of the means to prove identity.

"After going through the documents, ECI has pointed out that the list of documents for verification of voters includes 11 documents and is not exhaustive. Thus, in our opinion, it would be in the interest of justice if Aadhaar card, EPIC card, and Ration card were included. It is for the ECI to decide whether it wants to take the documents or not. If it does not take the documents, (it has to) give reasons for the same, and the same shall satisfy the petitioners. Meanwhile, petitioners are not pressing for an interim stay," the Court said in its order, reported Bar and Bench. 

The Bench was hearing a group of petitions filed by opposition leaders and NGOs challenging the ECI's June 24 directive, which initiated the special revision of the electoral rolls in Bihar.

"The matter needs hearing. Let it be listed on July 28 before the appropriate court. Let counter affidavit be filed (by ECI) within one week on or before July 21 and rejoinder before July 28," the Bench directed.

Recognizing the tight timeline for the revision process with State elections scheduled for November, the Court issued a notice to the ECI and sought its formal response to the petitions.

Pertinently, the Bench also proceeded to frame the following three questions to be considered by the Court in the matter:

"We are prima facie of the opinion that there are three questions:

1. Powers of ECI to conduct the process.

2. The procedure to exercise the powers and

3. The timeline is very short and due in November, and notification will come in advance."

During the hearing, the Court also opined that Aadhaar should be included within the list of documents permissible as identity proof.

"We feel that since Aadhar has been taken as a solid proof for inclusion in electoral rolls as per Section 23, it should be included. Your (ECI's) enumeration list is all related to identity - matriculation certificate, etc.," Justice Bagchi remarked. "This entire exercise is (to establish) identity only," Justice Dhulia weighed in, reported Bar and Bench.

Over 10 petitions have been filed in the apex court challenging the ECI’s decision, including one from the NGO Association for Democratic Reforms. High-profile petitioners include RJD MP Manoj Jha, TMC’s Mahua Moitra, Congress’ K C Venugopal, NCP (SP) leader Supriya Sule, CPI’s D Raja, SP’s Harinder Singh Malik, Shiv Sena (UBT)’s Arvind Sawant, JMM’s Sarfraz Ahmed, and CPI (ML)’s Dipankar Bhattacharya.