Supreme Court Questions Whether Aadhaar Alone Can Qualify a Foreigner as Voter

The Supreme Court on Wednesday questioned the reliance on Aadhaar during.

The Election Commission’s ongoing Special Intensive Revision (SIR), raising concerns about whether a foreign national who has obtained an Aadhaar card and availed welfare benefits could be allowed to vote. This arose even though the court had earlier permitted Aadhaar as the “12th document” for voter verification in Bihar.

Chief Justice of India Surya Kant asked senior advocate Kapil Sibal, representing the petitioners, whether possession of an Aadhaar should automatically confer voting rights. “Aadhaar is the creation of a statute. Nobody can dispute its use for welfare benefits… but does having an Aadhaar mean one should automatically become a voter?” the CJI questioned.

Sibal argued that the SIR process itself could be exclusionary, particularly affecting illiterate women and rural voters who might struggle with enumeration forms. He also raised concerns about booth-level officers (BLOs) being empowered to determine citizenship status, effectively turning the exercise into “citizenship screening” that places the burden of proof on existing voters.

Justice Joymalya Bagchi countered 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, especially when they appear doubtful. He noted that preliminary checks were part of ensuring electoral integrity, and the commission could not function like an “inert post office.”

Sibal emphasized that the rushed two-month timeline for SIR could lead to procedural unfairness. The CJI, however, observed that concerns over time alone could not halt the process, pointing out that Bihar’s SIR had removed only around three lakh names with minimal objections. He also noted that rural voters are often more vigilant about their rights, making election day a “cause for celebration” in villages.

The matter highlights the ongoing tension between streamlining voter verification and safeguarding citizens’ constitutional right to vote, with the court scrutinizing whether Aadhaar alone should be sufficient for inclusion in the electoral roll.