Aadhaar, ration card valid for voting, India top court tells poll panel

The Supreme Court on Thursday observed that commonly used government-issued identity documents — including Aadhaar, ration cards, and even voter IDs — should be considered valid for verifying the identity of voters in Bihar ahead of the state elections later this year.

The observation came during a high-stakes hearing on the Election Commission’s ongoing special intensive revision (SIR) of the state’s electoral roll — a process that has drawn sharp criticism for allegedly targeting voters registered after 2003 and requiring them to re-establish their eligibility using a narrow list of documents. Critics have called the move arbitrary, exclusionary, and potentially disenfranchising for millions.

Here’s a look at the Bihar election roll controversy.

In June, the Election Commission of India (ECI) announced a Special Intensive Revision of voter rolls in Bihar ahead of state elections, citing the need to cleanse the rolls of ineligible or “foreign” entries. The revision focuses on voters who registered after 2003 and requires them to re-verify their identities using a limited set of documents — notably excluding Aadhaar cards, ration cards, and even voter IDs.

Those born after 1987 must also submit proof of their parents’ Indian citizenship. Critics say the process disproportionately affects poor, minority, and Dalit voters who often lack access to formal documentation.

Hearing a series of petitions — including one filed by Trinamool MP Mahua Moitra — a Supreme Court bench led by Justices Sudhanshu Dhulia and Joymalya Bagchi said the matter concerns the “very roots of democracy — the right to vote.”

The petitioners argue that the ECI’s move violates both due process and constitutional rights. They also contend that existing IDs such as Aadhaar, ration cards, and voter cards — which have previously been accepted in elections — should not now be excluded from use.

The apex court acknowledged that allowing the ECI to proceed unchallenged could render any future intervention meaningless. “Once the election is notified and the rolls are out, no court will touch it,” the bench noted.

Represented by senior lawyers including Kapil Sibal, Abhishek Manu Singhvi, and Gopal Sankaranarayanan, the petitioners made several key points:

The pleas warn that if the directive is not struck down, millions could be “arbitrarily and without due process” disenfranchised — threatening the principle of free and fair elections.

The ECI maintains that the revision is necessary to remove fraudulent entries, particularly those allegedly involving “foreign illegal immigrants.” Its legal counsel, Rakesh Dwivedi, urged the Supreme Court not to intervene until the exercise is complete.

To bolster its stand, the Commission cited Article 326 of the Constitution, which mandates adult suffrage but also includes conditions such as citizenship and absence of disqualification.

However, the ECI’s choice of documents has drawn fire, especially the exclusion of Aadhaar, which is one of India’s most commonly used IDs.

Experts and activists say that the burden of documentation disproportionately falls on the poor, the less educated, and minority communities — especially Muslims and Dalits. In Bihar, where just 35% of people have matriculation certificates (one of the accepted documents), many may fail to meet the verification threshold.

Political activist Yogendra Yadav argued that the exercise shifts the burden of proof unfairly onto the citizen. “The onus was always on the ECI, not the voter,” he said.

The move is seen by many as not just a procedural tweak but a potential shift in India’s electoral framework. Critics warn it could pave the way for:

A nationwide implementation of voter verification, echoing the NRC in Assam.

Targeted disenfranchisement of marginalised communities under the guise of electoral “clean-up.”

Politicisation of the voter list in sensitive election battlegrounds.

Mahua Moitra’s petition specifically warned that the Bihar model could soon be replicated in West Bengal and elsewhere — turning a state-level revision into a national precedent.

The July 25 deadline for voters to submit fresh documentation looms large — with real fears that millions could find themselves off the rolls when Bihar goes to the polls.