Association For Democratic Reforms & Ors vs Election Commission Of India

W.P.(C) No. 634/2025

Issue notice in IA No. 218693/2025.

Mr. Eklavya Dwivedi, learned AOR accepts notice on behalf of the Election Commission of India. Mr. Arvind Kumar Sharma, learned AOR accepts notice on behalf of Union of India.

Reply, if any, be filed before the next date of hearing.

List on 15.09.2025.

Writ Petition(s)(Civil) No(s). 855/2025

Issue notice.

Mr. Eklavya Dwivedi, learned AOR accepts notice on behalf of the Election Commission of India.

Reply, if any, be filed before the next date of hearing.

List on 15.09.2025.

Rest of the matters

We have heard learned senior counsel/counsel for the parties.

The short issue that needs to be further clarified pertains to the acceptability and status of the Aadhaar Card insofar as supporting documents are concerned. There is no quarrel that as per the statutory status assigned to Aadhaar Card under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, it is not a proof of citizenship and therefore shall not be accepted as proof of citizenship. However, keeping in view Section 23(4) of the Representation of People Act, 1950, the Aadhaar Card is one of the documents enumerated for the purpose of establishing the identity of a person. Accordingly, we direct the Election Commission of India and its authorities to accept Aadhar Card as a proof of identity for the purpose of inclusion or exclusion in the revised voter list of the State of Bihar. Aadhaar Card, for this purpose, shall be treated as the 12th document by the Authorities. It is, however, made clear that the authorities shall be entitled to verify the authenticity and genuinity of the Aadhaar Card, like any of the other enumerated documents, by seeking further proof/documents. The Election Commission shall issue instructions in this regard by tomorrow i.e., 09.09.2025.

List on 15.09.2025.