The Supreme Court was apprised by the Election Commission of India (ECI) that Voter ID cards (EPIC) cannot be treated as valid proof for inclusion in the electoral roll during the ongoing Special Intensive Revision (SIR) in Bihar, as the process entails a fresh overhaul of the voter list. The Court was informed that reliance on previously issued EPICs would compromise the integrity of a de novo revision, which mandates independent verification.
In the counter affidavit filed before the Apex Court, the ECI explained that the SIR is being conducted as a comprehensive revision under Rule 21(3) of the Representation of the People Act, 1950. Since EPICs are derived from existing electoral rolls, which themselves are undergoing revision, the Commission argued that using these cards to validate fresh entries would render the process redundant. It stressed that EPICs merely reflect prior entries and thus cannot replace the verification process envisaged in a de novo revision.
The affidavit, filed by Deputy Election Commissioner Sanjay Kumar on July 21, stated, “The EPIC card is a derivative of an earlier roll and cannot serve as evidence in a revision meant to freshly construct that very roll. Allowing this would undermine the conceptual foundation and procedural integrity of the exercise.”
Addressing the role of Aadhaar in the revision process, the Commission reiterated that the document cannot be treated as evidence of citizenship. Citing Section 9 of the Aadhaar Act, 2016, and relevant judicial pronouncements, the ECI submitted that Aadhaar is a mere identity proof and does not establish nationality, which is a prerequisite for electoral eligibility.
Nonetheless, the Commission clarified that Aadhaar may be used to support other documents that collectively establish eligibility. It noted, “While Aadhaar cannot independently prove eligibility, it may supplement other materials. The prescribed document list is indicative and not exhaustive.”
On the issue of ration cards, the ECI defended their exclusion from the enumerated list of acceptable documents for the Bihar SIR process. Citing a central government press release from March 7, 2025, which disclosed the elimination of five crore fraudulent ration cards, the affidavit explained that the document’s widespread misuse warranted caution. Still, the Commission clarified that ration cards could be considered by Electoral Registration Officers (EROs) on a case-to-case basis.
It emphasized that the document list within the Enumeration Forms is not final and that discretion remains with the ERO/AERO under Section 22 of the Representation of the People Act, 1950 and the relevant rules under the Registration of Electors Rules, 1960. The affidavit stated, “The decision to accept or reject any document lies with the ERO/AERO, who is bound to assess them in accordance with the statutory framework and due process.”
The ECI further submitted that documents like Aadhaar and ration cards are being used during the SIR exercise for limited identification purposes. It highlighted that enumeration forms issued under the SIR guidelines allow for voluntary disclosure of Aadhaar numbers, which are utilized solely for the purpose of identity verification.
These submissions were made in response to petitions challenging the Commission’s notification dated June 24, 2025, which had triggered the Special Intensive Revision in Bihar. The petitions contest the exclusion of certain documents and raise concerns over procedural fairness.
During the earlier hearing on July 17, the Top Court had orally remarked that determination of citizenship does not fall within the purview of the Election Commission but is a function of the Union Government. The Court had also suggested that documents such as Aadhaar, Voter ID, and ration cards should be considered during the revision exercise.
The matter is slated for further hearing on July 28. The ECI’s affidavit was settled by Advocates Eklavya Dwivedi, Sidhant Kumar, Prateek Kumar, and Kumar Utsav.
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