The Election Commission of India (ECI) has told the Supreme Court that Aadhaar is being used strictly for identity verification during the ongoing Special Intensive Revision (SIR) of electoral rolls, and not as proof of citizenship or as a criterion for adding or removing names from the voter list.

In an affidavit submitted to the bench led by Justice Surya Kant, the poll body made it clear that Aadhaar’s role is limited and governed by law. “The Aadhaar card is not proof of citizenship,” the ECI stated, emphasising that neither the presence nor absence of an Aadhaar number can determine a person’s eligibility to be included in or excluded from the electoral rolls.

ECI Issues Fresh Instructions After Court’s Clarification

Referring to the Supreme Court’s September 8 order, which allowed Aadhaar to be used solely for establishing identity, the Election Commission said it has issued strict instructions to officials in Bihar. The directive states that Aadhaar must not be treated as:

• Proof of citizenship under Section 9 of the Aadhaar Act, 2016

• A basis for adding or deleting names from the voter list under Section 23(4) of the Representation of the People Act, 1950

The affidavit noted that these guidelines were formally communicated on September 9 to all Chief Electoral Officers to ensure compliance during the voter roll revision process.

UIDAI Memo Reinforces Aadhaar’s Limited Scope

The Commission also cited a UIDAI Office Memorandum dated August 22, 2023, which explicitly clarifies that Aadhaar does not serve as proof of citizenship, residence, or date of birth. This reiteration, the ECI said, reinforces the legal boundaries already set under the Aadhaar Act.

Response to Petition on Aadhaar Misuse

The clarification came in response to a petition urging the Supreme Court to restrict any misuse of Aadhaar during voter registration, specifically seeking to ensure it is not used as proof of date of birth in Form-6 applications.

The ECI said the existing legal framework already provides such safeguards, and its instructions are fully aligned with both the Aadhaar Act of 2016 and the Representation of the People Act of 1950.

No Aadhaar-Based Decisions on Voter Eligibility

Reaffirming its position, the Commission stressed that identity verification alone cannot determine citizenship or voting rights. As the affidavit states, the voter list revision must follow statutory criteria, and Aadhaar cannot override those provisions.