Instructions on using Aadhaar as proof of identity, not citizenship, already issued: EC to SC

The Election Commission has told the Supreme Court that it had already issued instructions for using Aadhaar number as a proof of identity and not of citizenship, for inclusion or exclusion in the revised voter list of Bihar.

In an affidavit filed in the top court, the EC said that the court on September 8 had already clarified the usage of Aadhaar for updating the voter list and that it was to be used for the purpose of establishing identity in view of Section 23(4) of the Representation of the People Act (RPA), 1950, that dealt with inclusion of names in electoral rolls.

“By following the aforesaid order, the Commission has already issued instructions dated September 9, 2025, to the Chief Electoral Officer (CEO), Bihar, for usage of Aadhaar card as proof of identity and not as proof of citizenship for the purpose of inclusion or exclusion in the revised voter list of the state of Bihar,” the EC said.

The EC’s affidavit came in response to an interlocutory application filed by advocate Ashwini Kumar Upadhyay, who sought a direction that Aadhaar number be used only for the purpose of establishing identity and authentication in the spirit of Section 23(4) of the RPA, 1950.

The Unique Identification Authority of India (UIDAI), in an office memorandum (OM) in August 2023, had clarified that Aadhaar was not proof of citizenship, residence, or date of birth, the EC said.

It said the OM was referred to by the Bombay High Court in a matter, holding that it was indeed not proof of date of birth, and the burden of proof rests upon the Aadhaar holder.

“It is also important to highlight that this court vide its order dated September 8, 2025, has already clarified the usage of Aadhaar for the purpose of inclusion and exclusion in the voter list,” the poll panel said.

While issuing notice on Upadhyay’s application on October 7, the top court had noted that it had already said Aadhaar number was not the proof of citizenship and domicile.

Upadhyay had sought a direction to the EC to conduct Special Intensive Revision of electoral rolls at regular intervals throughout India.