ECI Implements Supreme Court Order: Aadhaar Now Valid for Identity in SIR Bihar

On 9-9-2025, the Election Commission of India (‘ECI’) issued a significant notification ‘Acceptance of Aadhaar as proof of identity during Special Intensive Revision (‘SIR’), Bihar’, marking a pivotal update in the use of Aadhaar within the electoral process.

Background

On 24-6-025, the ECI announced a Special Intensive Revision (SIR) of electoral rolls in Bihar ahead of the upcoming elections. The notification required voters to submit one of eleven specified documents for identity verification, excluding commonly held documents such as Aadhaar, voter ID, and ration cards. This exclusion led to widespread concern and was subsequently challenged in the Supreme Court.

In Association for Democratic Reforms v. Election Commission of India 2025 SCC OnLine SC 1408, the petition was filed in response to concerns that Aadhaar was being used to verify citizenship during the electoral roll revision in Bihar. The Supreme Court examined the constitutional validity of using Aadhaar issued.

Key Highlights:

1. This directive follows the Supreme Court’s order dated 8-9-2025, which clarified the scope of Aadhaar usage under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 and the Representation of People Act, 1950.

2. The Court permitted Aadhaar to be accepted as a valid proof of identity, while explicitly stating that it cannot be used as proof of citizenship.

3. Aadhaar is now officially included as the 12th acceptable document for identity verification, in addition to the 11 documents listed in Annexure C and D of the SIR order dated 24-6-2025.

4. Aadhaar is to be used only for establishing identity, not citizenship, in accordance with Section 9 of the Aadhaar Act, 2016. Anybody seeking inclusion or exclusion in the electoral roll of Bihar could file as proof of their identity, during the SIR process.

5. The Order clarified that under Section 23(4) of the Representation of People Act, 1950, Aadhaar is already recognized as a valid document for identity verification.

6. The Court stated that ECI officials are entitled to verify the “authenticity and genuineness” of the Aadhaar submitted to them, like other 11 documents.

7. All District Election Officers (DEOs), Electoral Registration Officers (EROs), and Assistant EROs (AEROs) have been directed to implement this order immediately.

8. Aadhaar is to be accepted as per the directive, necessary actions will be taken on any refusal.