ECI Clarifies: Aadhaar Only for Identity Verification, Not Citizenship

The Election Commission of India (ECI) has reiterated before the Supreme Court that the Aadhaar card is being used solely to verify the identity of applicants seeking inclusion in electoral rolls, and not as proof of citizenship.

Background of the Case

The statement was made in response to an interlocutory application filed by Ashwini Kumar Upadhyay, who sought a direction against the use of Aadhaar as proof of date of birth in Form 6, used for registering new voters. The ECI clarified that Aadhaar is only being used as a proof of identity under Section 23(4) of the Representation of the People Act, 1950.

Amendments and Legal Framework

In its affidavit, sworn by Santosh Kumar Dubey, Secretary of the ECI, the Commission stated that the Election Laws (Amendment) Act, 2021, amended Section 23 of the RP Act to enable linking electoral roll data with the Aadhaar ecosystem. The aim was to curb multiple enrolments of the same individual at different locations. Based on this amendment, Form 6 was also revised, effective June 17, 2022.

Clarifications from UIDAI and Court Judgments

The affidavit referred to the Office Memorandum (O.M.) dated August 22, 2023, from the UIDAI, which clarified that Aadhaar is not proof of citizenship, residence, or date of birth. Section 9 of the Aadhaar Act, 2016, also states that an Aadhaar number is not proof of citizenship or residence.

The ECI cited the Bombay High Court judgment in State of Maharashtra v. UIDAI (Criminal Writ Petition No. 3002 of 2022), which held that Aadhaar cannot be treated as proof of date of birth. Additionally, the Supreme Court, in Saroj v. IFFCO Tokio (2024), preferred a School Leaving Certificate over Aadhaar for determining age.

The ECI also highlighted the Supreme Court order dated September 8, 2025, in the Bihar SIR matter, which allowed the use of Aadhaar as one of the documents for enumeration, but clarified it may be used only for identity verification in deciding inclusion or exclusion from electoral rolls.

ECI Instructions to Chief Electoral Officers

Following the Court’s direction, the ECI issued instructions on September 9, 2025, to all Chief Electoral Officers to use Aadhaar only as proof of identity, and not as proof of citizenship, in accordance with Section 9 of the Aadhaar Act, 2016, and Section 23(4) of the RP Act, 1950, for inclusion or exclusion in the revised voter list of Bihar.

Supreme Court Observations

Responding to Upadhyay’s plea to restrict Aadhaar strictly to identity verification and bar its use as proof of date of birth in Form-6, the ECI stated that the existing legal framework already limits Aadhaar to identity purposes, and its instructions fully align with the statutory provisions of the RP Act, 1950, and Aadhaar Act, 2016.

During last week’s hearing, the Supreme Court told Ashwini Upadhyay that as long as Section 23(4) of the RP Act allows the use of Aadhaar as identity proof, its use in Form 6 cannot be barred. The Court also clarified that a notification issued by UIDAI cannot override the statutory provision.

Case Title: Ashwini Kumar Upadhyay v. Union of India and Ors