The Election Commission recently clarified in the Supreme Court that the Aadhaar card can only be used for identity verification and will not be accepted as proof of citizenship.
New Delhi: The Election Commission has made it clear to the Supreme Court that the Aadhaar card can only be used as proof of identity, and not as proof of citizenship. This clarification comes amidst a legal debate surrounding the ongoing special revision of the electoral rolls in Bihar. The Commission informed the court that necessary instructions in this regard have already been issued, and the Supreme Court has already given a clear opinion on the legal limitations of Aadhaar.
Election Commission's Clarification
The Election Commission informed the Supreme Court that on September 8, 2025, the Court had already clarified that Aadhaar is valid only for establishing identity, and not as proof of citizenship. Based on this, instructions were issued to the Chief Electoral Officer of Bihar on September 9, 2025, stating that the Aadhaar card would not be accepted to prove citizenship during the addition or deletion of names in the electoral rolls. The Commission also stated that compliance with this is mandatory and all existing orders are in conformity with this legal position.
This response was given to an interlocutory application in which advocate Ashwini Kumar Upadhyay had demanded that the Aadhaar card be used only for identity proof and authentication. He had stated that this process should be in accordance with legal provisions and constitutional mandates. The Election Commission assured the court that all its existing instructions adhere to this provision and that no misuse will be allowed.
Aadhaar: Not Proof of Citizenship, Residence, or Date of Birth
In its reply, the Election Commission clarified that UIDAI, in an Office Memorandum (OM) issued in August 2023, had stated that the Aadhaar card is neither proof of citizenship, nor residence, nor date of birth. The Commission also informed that the Bombay High Court, citing the same OM, had stated that the responsibility of proving the date of birth rests with the Aadhaar holder. Both the Supreme Court's order and UIDAI clarify that Aadhaar can only be used in a limited capacity.
The Election Commission reiterated that the Supreme Court had previously stated that the Aadhaar card is not proof of citizenship or domicile. While issuing notice on Upadhyay's petition on October 7, 2025, the Court underscored that its position on this matter is already clear. The Election Commission stated that this same legal position has been implemented in its administrative orders.
Upadhyay's main petition concerned the implementation of a regular process for the special intensive revision of electoral rolls across the country. The Commission clarified that during the ongoing revision in Bihar, the Aadhaar card will only be used for identification, and the Supreme Court's directives are being followed to avoid any confusion.
