In a response to the apex court, the poll body noted that the court had, on September 8, clarified that Aadhaar may be used only to verify identity
The Election Commission of India (ECI) informed the Supreme Court that it has already directed officials in Bihar to use Aadhaar strictly as proof of identity, not citizenship, when updating the state’s revised electoral roll.
In a response submitted to the apex court, the Commission noted that the court had, on September 8, clarified that Aadhaar may be used only to verify identity under Section 23(4) of the Representation of the People Act (RPA), 1950.
Section 23 governs the procedures for adding or removing names from electoral rolls.
Following this clarification, the EC said it issued instructions on September 9, 2025, to Bihar’s Chief Electoral Officer, reiterating that Aadhaar should not be treated as evidence of citizenship during voter roll revisions.
The EC’s submission was filed in response to an interlocutory application by advocate Ashwini Kumar Upadhyay, who sought a specific direction that Aadhaar be used solely for identity verification in line with Section 23(4).
The Commission further pointed to an August 2023 office memorandum issued by the Unique Identification Authority of India (UIDAI), which explicitly states that Aadhaar does not serve as proof of citizenship, residence, or date of birth.
This position has also been acknowledged by the Bombay High Court, which held that Aadhaar cannot be relied upon to establish date of birth and that the responsibility to prove such details lies with the cardholder.
The EC stressed that the Supreme Court has already clarified the limited permissible use of Aadhaar in the context of updating electoral rolls, including for the ongoing revisions in Bihar.
On October 7, the Supreme Court issued notice on Upadhyay’s application.
