Supreme Court Begins Hearing on Voter Roll Revision, Rules Aadhaar is Not Citizenship Proof

The Supreme Court of India commenced final arguments on Wednesday regarding a batch of crucial petitions challenging the Election Commission’s (EC) nationwide Special Intensive Revision (SIR) of electoral rolls. A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi immediately addressed a core issue surrounding the revision, asserting unequivocally that Aadhaar cannot be treated as absolute or unquestionable proof of citizenship.

The court stressed that the purpose of Aadhaar is limited, stating, “Aadhaar is a creation of statute for availing benefits.” The Chief Justice questioned the logic of equating an Aadhaar holder with a guaranteed voter, asking, “Just because a person was granted Aadhaar for ration, should he be made a voter also? Suppose someone belongs to a neighbouring country and works as a labourer, shall he be allowed to vote?”

This observation came as a direct response to concerns regarding the potential inclusion of non-citizens in the electoral lists during the revision process.

Conversely, the bench strongly affirmed the EC’s authority, rejecting the suggestion that the poll panel must act as a mere “post office” by automatically accepting every voter registration application (Form 6). The judges stated the EC retains the “inherent power to determine the correctness of entries” in the voter registration forms.

Representing some petitioners, Senior Advocate Kapil Sibal argued that the SIR exercise imposes an “unconstitutional burden” on ordinary voters, potentially leading to unwarranted deletions that fundamentally “affect democracy.”

While upholding the EC’s power to conduct the revision, the court clarified a key safeguard for voters, observing that any deletion from the electoral list must be preceded by proper notice to the concerned individual. The court has now set specific timelines for separate hearings on challenges to the SIR process in states like Tamil Nadu, Kerala, and West Bengal.