Aadhaar as Voter Identity
Context:
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The Supreme Court is hearing petitions challenging the Election Commission’s (EC) Special Intensive Revision (SIR) of electoral rolls in Bihar.
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Central issue: Whether Aadhaar can be accepted as proof for voter verification and inclusion/exclusion from rolls.
Supreme Court Observations
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Aadhaar as Statutory Proof
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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.
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This section allows Aadhaar to be used for authentication of voter entries in rolls.
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12th Document
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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.
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Nature of Aadhaar
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Petitioner argued: Aadhaar is not proof of age, citizenship, residence, or domicile—anyone (including non-citizens) can obtain it.
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Court’s query: If Aadhaar is not proof of these, what is it then? Petitioner replied it is a “simple proof of identity.”
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Counterpoint
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Court questioned whether documents like land records (already listed) could be considered more valid than Aadhaar.
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Justices stressed EC has the statutory power to differentiate between citizens and infiltrators.
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Legal & Constitutional Angle
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Representation of the People Act, 1950: Governs preparation of electoral rolls.
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Section 23(4): Explicitly allows linking Aadhaar with voter rolls for authentication.
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SC Position : Aadhaar is a legitimate document under the law, but cannot override eligibility criteria (citizenship, residence, age).
Significance
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Electoral Integrity vs Identity Proof: Balancing ease of verification with safeguarding against non-citizens entering rolls.
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Citizenship Question: Aadhaar’s limitation (not proof of citizenship) creates tension with voter eligibility requirements.
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Judicial Oversight: SC’s decision will affect how EC conducts future nationwide voter roll revisions.