The Election Commission of India has informed the Supreme Court that Aadhaar must never be used as evidence of citizenship, underscoring that the document is legally valid only for identification purposes. The Commission said it has already directed Bihar’s Chief Electoral Officer to ensure Aadhaar is strictly treated as proof of identity during the revision of electoral rolls.
In its response to the apex court, the EC cited the Supreme Court’s September 8 clarification that Aadhaar may be used only under Section 23(4) of the Representation of the People Act, 1950, which deals solely with identity verification for inclusion or deletion of names from the voter list.
Following the Supreme Court’s observation, the EC issued fresh instructions on September 9, 2025, reminding election officials in Bihar that Aadhaar cannot be considered proof of citizenship. The Commission stressed that voter eligibility hinges on citizenship, and Aadhaar has no legal standing to establish it.
The submission was made in response to an interlocutory application filed by advocate Ashwini Kumar Upadhyay, who sought explicit directions to prevent misuse of Aadhaar beyond identity verification.
The Election Commission referred to an important August 2023 memorandum issued by the Unique Identification Authority of India (UIDAI), which categorically states that Aadhaar does not certify:
Citizenship
Date of Birth
Place of Residence
The Bombay High Court has also upheld this position, ruling that Aadhaar cannot be relied upon to prove date of birth and that the burden of establishing such details remains with the individual.
The ECI reminded the bench that the Supreme Court has repeatedly affirmed Aadhaar’s limited purpose. During the hearing, the Court reiterated that Aadhaar does not validate citizenship or domicile, and therefore cannot form the basis for adding names to electoral rolls.
It may be noted during the hearing last week, the Supreme Court told Ashwini Upadhyaya that so long as Section 23(4) of the RP Act allows the use of Aadhaar as an identity proof, its use in Form 6 cannot be barred, and that a notification issed by the UIDAI cannot override the statutory provision.
The notice on Upadhyay’s application was issued on October 7, forming part of a broader plea seeking regular Special Intensive Revisions of electoral rolls nationwide.
