SC Questions If Aadhaar Card Alone Can Establish a Foreigner’s Voter Eligibility

The Supreme Court on Wednesday questioned the use of Aadhaar in the Election Commission’s ongoing Special Intensive Revision (SIR), asking whether a foreigner.

Who has obtained an Aadhaar card and availed welfare benefits could automatically be allowed to vote. This discussion came even though the court had earlier approved Aadhaar as the “12th document” for voter verification in Bihar.

Chief Justice of India Surya Kant asked senior advocate Kapil Sibal, representing petitioners, whether possession of an Aadhaar should automatically confer voting rights. “Aadhaar is created by statute. It may be used for welfare benefits… but does that mean a person should automatically become a voter?” the CJI asked.

Sibal argued that the SIR process is exclusionary, particularly affecting illiterate women and rural voters who may struggle to fill enumeration forms. He also questioned the powers granted to booth-level officers (BLOs), who can effectively determine a person’s citizenship, turning the SIR into “citizenship screening” and placing the burden of proof on voters.

Justice Joymalya Bagchi noted that the ECI has statutory authority under Section 21 of the Representation of the People Act and Article 326 of the Constitution to verify voter entries when doubts arise. He stressed that preliminary checks are necessary to maintain electoral integrity, and the commission cannot act like an “inert post office.”

Sibal highlighted concerns about the two-month SIR timeline, calling it rushed and unreasonable. The CJI countered that time constraints alone cannot stop the process, noting that Bihar’s SIR had removed just over three lakh names with minimal objections. He added that rural voters are often more aware of their rights, making election day a “cause for celebration” in villages.

The hearing underscores the tension between streamlining voter verification and protecting citizens’ constitutional right to vote, with the court scrutinizing whether Aadhaar alone is sufficient for voter inclusion.