SIR Case: Supreme Court Allows Aadhaar as 12th Valid ID (Proof of Identity) for Inclusion in Bihar Voter List
On September 08, 2025, the Supreme Court (SC) bench of Justice Surya Kant and Justice Joymalya Bagchi was hearing the Bihar Special Intensive Revision (SIR) case. The top court bench directed the Election Commission of India (ECI) to accept the Aadhaar Card as proof of identity for inclusion or exclusion in the revised voter list of the State of Bihar. The bench added that the Aadhaar card should be treated as a 12th document by the authorities. This means that, like any other eleven documents originally specified by the ECI for inclusion in the voters' list, an Aadhaar card can also be submitted as a document.
During the proceedings, Senior Advocate Kapil Sibal (appearing for the RJD) highlighted the SC’s earlier orders to consider the Aadhaar card for inclusion in the voters' list, along with the ration card and the Electoral Photo Identity Card. He said that the top Court’s orders were not accepted by the Electoral Registration Officers and the Booth Level Officers. Furthermore, he commented, “Aadhaar card is the universally available document with the population. If they cannot accept that, what kind of inclusion excercise are they carrying out. They want to exclude the poor.” On the other hand, Senior Advocate Rakesh Dwivedi (appearing for the ECI), said that the Aadhaar card cannot be accepted as proof of citizenship.
After hearing the contentions, Justice Bagchi said, “We would like you to clarify...we have repeatedly passed order that the list illustratively indicates 11 documents...if you see those 11, apart from passport and birth certificates, none are conclusive proof of citizenship. We clarified saying include Aadhaar.” Furthermore, other learned counsels, including Advocate Ashwini Kumar Upadhyay, Advocate Vrinda Grover, and Senior Advocate Gopal Sankaranarayanan, also presented their contentions. Advocate Upadhyay submitted that the aadhaar card cannot be accepted if none of the 11 documents are with the person. The SC, after hearing the matter, ordered as follows,
“There is no quarrel that as per the statutory status assigned to Aadhaar Card under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, it is not a proof of citizenship and therefore shall not be accepted as proof of citizenship. However, keeping in view Section 23(4) of the Representation of People Act, 1950, the Aadhaar Card is one of the documents enumerated for the purpose of establishing the identity of a person.”
“Accordingly, we direct the Election Commission of India and its authorities to accept Aadhar Card as a proof of identity for the purpose of inclusion or exclusion in the revised voter list of the State of Bihar. Aadhaar Card, for this purpose, shall be treated as the 12th document by the Authorities. It is, however, made clear that the authorities shall be entitled to verify the authenticity and genuinity of the Aadhaar Card, like any of the other enumerated documents, by seeking further proof/documents. The Election Commission shall issue instructions in this regard by tomorrow i.e., 09.09.2025.” The matter was next listed for hearing on September 15, 2025.
