In a significant development, the Election Commission of India (ECI) has informed the Supreme Court that documents such as Aadhaar, Voter ID (EPIC), and Ration Cards cannot be treated as reliable proofs for inclusion in the electoral roll during the ongoing Special Intensive Revision (SIR) in Bihar.
In its counter affidavit filed on July 21, 2025, by Deputy Election Commissioner Sanjay Kumar, the ECI clarified that the SIR process is a de novo revision of the electoral roll under Rule 21(3) of the Representation of the People Act, 1950. Since EPIC cards are based on previous electoral rolls, which are themselves under revision, they cannot be used as valid documents for the current process.
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“The EPIC cards are prepared on the basis of electoral rolls. Since the electoral roll itself is being revised, the production of EPIC Cards will make the whole exercise futile,” the affidavit states.
“The EPIC, being a by-product of an earlier electoral roll, cannot substitute the verification process mandated for fresh preparation,” it added.
On the question of Aadhaar, the Commission reiterated that the card does not establish citizenship. Citing Section 9 of the Aadhaar Act, 2016, the ECI said Aadhaar is merely a proof of identity and not of citizenship.
“However, this is not to say that Aadhaar cannot be used to supplement other documents to prove eligibility. It is for this reason that the list is indicative and not exhaustive,” the affidavit added.
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Regarding the exclusion of ration cards, the Commission referred to a press release from the Central Government dated March 7, 2025, highlighting the removal of 5 crore fake ration cards.
“Given the widespread existence of fake ration cards, it has not been prescribed within a list of 11 documents to be relied upon for screening eligibility under Article 326,” the affidavit stated.
Despite rejecting them as primary documents, the ECI clarified that these documents are still considered for limited identity verification during the enumeration process. The final decision on accepting or rejecting documents lies with the Electoral Registration Officer (ERO) or Assistant Electoral Registration Officer (AERO).
“Decision to accept or reject the documents is dependent on the satisfaction of the ERO/AERO as per Sec 22, and other provisions of the RP Act, 1950 and Rule 21(A) of the RER, 1960,” the affidavit explains.
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These submissions were made in response to petitions challenging the ECI’s June 24, 2025, order initiating the SIR in Bihar. The case, titled Association for Democratic Reforms and Ors. v. Election Commission of India and connected matters [W.P.(C) No. 640/2025], is scheduled for its next hearing on July 28, 2025.
During an earlier hearing on July 17, the Supreme Court orally observed that determining citizenship was the domain of the Union Government, not the ECI. The Court also suggested that Aadhaar, Voter ID, and Ration Cards should be considered in the Bihar SIR process.
The counter affidavit was prepared by Advocates Eklavya Dwivedi, Sidhant Kumar, Prateek Kumar, and Kumar Utsav on behalf of the ECI.
Case Title – Association for Democratic Reforms and Ors. v. Election Commission of India and connected matters
Case No. – W.P.(C) No. 640/2025 and connected matters