The Election Commission (EC) has informed the Supreme Court that Aadhaar cards, voter ID cards, and ration cards cannot be treated as standalone valid documents for revising Bihar’s electoral rolls. This clarification came in a counter-affidavit filed by the EC on Monday, in response to a Supreme Court order dated July 10 that had asked the commission to consider these documents as valid proof “in the interest of justice.”
The matter is part of ongoing petitions challenging the EC’s special intensive revision of electoral rolls in Bihar, ahead of the Assembly elections expected later this year. Petitioners have objected to the exclusion of Aadhaar and voter ID cards from the official list of documents accepted as citizenship proof, especially for individuals not listed in the 2003 electoral rolls.
In its affidavit, the EC maintained that Aadhaar does not serve as proof of Indian citizenship but acknowledged that it can support other documents to establish eligibility. The commission also pointed out that the list of 11 acceptable documents is “indicative and not exhaustive,” and that enumeration forms already include fields for a voter’s EPIC (Electoral Photo Identity Card) number and an optional Aadhaar number.
Addressing ration cards, the EC cited concerns over the widespread presence of fake ration cards, which led to their exclusion from the primary list. However, it emphasized that electoral registration officers are required to consider all documents presented, including ration cards, and decisions on their validity would be made on a case-by-case basis.
On the issue of voter ID cards, the EC argued that since these cards are based on the electoral rolls currently under revision, using them as proof would undermine the purpose of the exercise.
The voter roll revision, announced on June 24, requires individuals not listed on the 2003 rolls — nearly 2.9 crore of Bihar’s 7.8 crore voters — to provide documentary proof of their eligibility. The documentation requirements vary by age group, with older voters needing to show proof of their own birth details and younger voters also needing to establish the birth details of their parents. Satisfactory submissions will result in re-enrollment; otherwise, names will be removed from the rolls.
A draft of the revised rolls is set to be published on August 1, with the final list due on September 30.
Political opposition to the exercise has been fierce. Eleven INDIA bloc parties warned the EC earlier this month that the process could disenfranchise more than 2.5 crore voters who may struggle to produce the required documents. However, Chief Election Commissioner Gyanesh Kumar defended the revision on July 6, stating that it was necessary as “no one was satisfied with the current voter rolls.”
The EC has insisted that the process does not violate any laws or fundamental rights and is aimed at ensuring the integrity of elections by removing ineligible names.
In court, the petitioners, represented by senior advocate Gopal Sankaranarayanan, argued that the special revision shifts the burden of proof from the EC to individual voters, raising constitutional concerns. The Supreme Court has also remarked verbally that only the Ministry of Home Affairs, not the Election Commission, has the authority to determine or revoke citizenship.
