NextFin news, New Delhi: On August 12, 2025, the Supreme Court of India delivered a significant ruling affirming that the Aadhaar card cannot be treated as primary or conclusive proof of citizenship. The judgment came during the hearing of petitions challenging the Election Commission's intensive revision of the voter list in Bihar.
The bench, comprising Justices Surya Kant and Joymalya Bagchi, considered the Election Commission's position that Aadhaar is not a definitive document to establish citizenship. The court agreed that independent verification is necessary to confirm citizenship status rather than relying solely on Aadhaar.
Senior advocate Kapil Sibal, representing the petitioners, argued that the Election Commission's procedures for voter list revision could lead to the exclusion of legitimate voters. He highlighted that even voters included in the 2003 electoral rolls were being asked to submit fresh forms, risking their removal if they failed to comply. Sibal also pointed out that over 65 lakh voters were excluded without a thorough investigation, despite the Election Commission's data showing 7.24 crore applications.
Justice Surya Kant questioned the basis of the exclusion figures and emphasized the need for factual evidence rather than assumptions. The court also noted the absence of transparency from the Election Commission regarding the reasons for voter removals and whether affected individuals were properly informed.
The court observed that if a voter submits forms along with Aadhaar and ration card details, the Election Commission is obligated to verify the information. The ruling underscored that the power to include or exclude names from electoral rolls lies with the Election Commission, but such actions must be backed by proper scrutiny and evidence.
This ruling aligns with the Election Commission's earlier stance during the Bihar Special Summary Revision (SSR) that Aadhaar cannot be considered conclusive proof of citizenship. The judgment was widely reported by Indian Express Malayalam, News18 Hindi, and other national media outlets on August 12, 2025.
In a related development, the Bombay High Court on August 13, 2025, also ruled that possession of Aadhaar, PAN, or voter ID cards alone does not establish Indian citizenship, reinforcing the Supreme Court's position on the matter.
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