'Aadhaar, Voter ID & Ration Cards Not Reliable Documents' : ECI Tells Supreme Court In Bihar Electoral Roll Revision Matter

In the counter affidavit filed before the Supreme Court, the Election Commission of India (ECI) has stated that the Electoral Photo Identity Card (EPIC) cannot be accepted as a document for inclusion in the electoral roll during the ongoing Special Intensive Revision (SIR) in Bihar, since the process is a fresh revision of the electoral rolls.

The Commission said that the SIR is a de novo revision process under Rule 21(3) of the Representation of the People Act, 1950, and that EPICs are based on entries in the existing electoral roll, which is itself under revision. The affidavit, filed by Deputy Election Commissioner Sanjay Kumar on July 21, 2025, states:

“The EPIC cards are prepared on the basis of electoral rolls. Since the electoral roll, itself, is being revised, the production of EPIC Cards will make the whole exercise futile. The conceptual and procedural integrity of a de-novo revision would stand undermined if EPICs, which are merely reflective of prior entries, are used to validate entries in a roll that is required to be constructed anew. The EPIC, being a by-product of an earlier electoral roll, cannot substitute the verification process mandated for fresh preparation and reliance solely on the EPIC for inclusion or automatic continuance would be contrary to both the scheme and purpose of a fresh revision exercise.”

On Aadhaar, the ECI reiterated that it is not recognised as a valid document for inclusion in the electoral roll because it does not establish citizenship, and is merely proof of identity. It cited both statutory provisions and case law to support this position.

The ECI referred to Section 9 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, which explicitly provides that possession of an Aadhaar number does not confer citizenship.

The affidavit stated that Aadhaar can be used to supplement other documents to prove eligibility. “However, this is not to say that Aadhaar cannot be used to supplement other documents to prove eligibility. It is for this reason that the list is indicative and not exhaustive.”

The Commission addressed the exclusion of ration cards from the list of acceptable documents during the Bihar SIR by pointing to the prevalence of fraudulent cards. It relied on a press release dated March 7, 2025 from the central government stating that it has removed 5 Crore fake ration cards.

The affidavit states, “That it is submitted that given the widespread existence of fake ration cards, it has not been prescribed within a list of 11 documents to be relied upon for screening eligibility under Article 326.”

ECI emphasised that the list of documents contained in the Enumeration Forms is indicative and not conclusive, and the ERO/AERO is obligated to consider all documents which are presented for proof of eligibility, including ration cards.

“Decision to accept or reject the documents is dependent on the satisfaction of the ERO/AERO as per sec 22, and other provision of the RP Act, 1950 and rule 21(A) and other rules of the RER, 1960, and such decisions will be taken on a case-to-case basis and in accordance with procedure prescribed by law”, the affidavit states.

The affidavit states that the aforementioned documents are being used for the limited purpose of establishing identity.

“these documents are, in fact, already being considered by the Commission for the limited purpose of identity, during the SIR process. A bare perusal of the enumeration form issued under the SIR Order reveals that the Aadhaar number may be voluntarily furnished by a person furnishing the enumeration form. Such information is utilized for the purpose of identification…”

The ECI made these submissions in response to petitions challenging its June 24, 2025 order initiating the Special Intensive Revision in Bihar under Section 21(3) of the Representation of the People Act, 1950. The matter is next listed for hearing on July 28.

During the hearing of the petitions challenging the Bihar SIR, the Supreme Court, on July 17, had orally commented that the determination of citizenship was not the function of the ECI and that it was the prerogative of the Union Government. The Court had also urged the ECI to consider Aadhaar, Voter ID and Ration cards in the Bihar SIR process.

The ECI's counter was drawn by Advocates Eklavya Dwivedi, Sidhant Kumar, Prateek Kumar and Kumar Utsav.

Case no. – W.P.(C) No. 640/2025 and connected matters

Case Title – Association for Democratic Reforms and Ors. v. Election Commission of India and connected matters

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