Supreme Court Directs Election Commission To Accept Aadhaar As 12th Document For Bihar SIR

The Supreme Court directed the Election Commission to accept Aadhaar as the 12th valid document for the Special Identification Register (SIR) in Bihar.

The court clarified that officials would retain the authority to verify the authenticity and genuineness of Aadhaar, but stressed that it cannot be treated as proof of citizenship.

A bench of Justice Surya Kant and Justice Joymalya Bagchi issued the directive and ordered the Election Commission to release official instructions during the day and publish the order on its website. The court scheduled the next hearing for September 15.

Arguments Raised During Hearing

Senior advocate Kapil Sibal, representing the Rashtriya Janata Dal (RJD), argued that the core issue is whether the court should accept Aadhaar as a valid document.

He said Booth Level Officers (BLOs) cannot determine citizenship and asked the court to add Aadhaar to the list of valid documents.

When the bench asked whether he wanted Aadhaar accepted as proof of citizenship, Sibal responded that three prior court orders had already recognised Aadhaar’s validity.

He accused BLOs of contempt by refusing to accept Aadhaar despite Supreme Court directions and alleged that BLOs were issuing notices for documents outside the 11 prescribed ones.

Election Commission’s Position

Senior advocate Rakesh Dwivedi, appearing for the Election Commission, stated that the Commission accepted Aadhaar in line with Supreme Court orders and legal provisions, but did not recognise it as proof of citizenship.

He emphasised that people can continue to use the 11 prescribed documents and should use Aadhaar only for identity verification.

Justice Surya Kant remarked that the law was clear: Aadhaar is an official document, and the Election Commission must take it into account.

Justice Joymalya Bagchi added that legislation explicitly recognises Aadhaar as proof of residence.

The bench cautioned the Election Commission against exceeding the legislative framework, pointing out that Aadhaar’s scope lies within identity verification, not citizenship determination.

The court asked Sibal to submit a show-cause notice regarding his claim that BLOs violated court orders. It also reminded the Election Commission of its inclusive role and directed it to ensure Aadhaar’s acceptance as part of the document list.

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