In a detailed 789-page affidavit filed before the Supreme Court, the Election Commission of India has firmly defended its decision to exclude Aadhaar and Voter ID cards as primary documents for verifying voter eligibility during the Special Intensive Revision (SIR) of electoral rolls in Bihar. The EC clarified that while Aadhaar may establish identity, it does not serve as proof of Indian citizenship or permanent residence—both of which are mandatory under Article 326 of the Constitution for voter registration. The Commission also highlighted that Aadhaar cards issued post-January 2024 explicitly mention that the card is not a certificate of citizenship.

The affidavit also casts doubt on the reliability of voter ID cards, stating that many are based on outdated or unverifiable records. Accepting them as sole proof, the EC argued, would undermine the entire objective of the SIR 2025 exercise—to ensure a transparent and accurate voter list. Citing multiple court rulings such as Rani Mistri v State of West Bengal and Khadija Swapna v State of Karnataka, the EC reiterated that Aadhaar alone cannot establish citizenship. It also clarified that under Section 23(4) of the Representation of the People Act, Aadhaar is only collected optionally and not as a required eligibility document.

The Commission added that ration cards may be considered on a case-by-case basis, particularly in light of recent deactivation of over five crore bogus ration cards. The EC underscored that its current verification mechanism under the SIR is constitutionally and procedurally sound. However, with the enumeration deadline approaching, nearly 44 lakh voters are at risk of being dropped from the final rolls. According to the EC’s data, over 16.5 lakh voters were found deceased, nearly 20 lakh had shifted permanently, and around 7.5 lakh were registered in multiple constituencies. The next hearing on the matter is scheduled for July 28.