- EC tells Supreme Court that Aadhaar only serves as identity proof
- Affidavit cites Representation of the People Act and legal provisions
The Election Commission of India (ECI) has formally clarified that the Aadhaar card cannot be treated as proof of citizenship. In an affidavit submitted to the Supreme Court, the Commission stated that Aadhaar is only an identity document and cannot be used to establish citizenship under any circumstances. This clarification addresses growing confusion regarding the use of Aadhaar details in voter registration processes across the country.
The Commission’s affidavit was filed in response to a petition by advocate Ashwini Kumar Upadhyay. The petition sought to restrict the use of Aadhaar as proof of date of birth in Form-6, which is the official document for new voter registration. The ECI, in its response, said that its actions fully comply with the Aadhaar Act and previous court judgments, ensuring that no misinterpretation arises over Aadhaar’s legal role.
The affidavit, filed by ECI Secretary Santosh Kumar Dubey, underlined several key statutory provisions. It referred to the amendments made to Section 23 of the Representation of the People Act, 1950, under the Election (Amendment) Act, 2021. The affidavit explained that the amendment’s primary purpose is to prevent duplicate voter registrations across different constituencies and to strengthen the integrity of electoral lists.
The Commission also noted that changes were implemented in Form-6 from June 17, 2022, following the amendment. It stated that under Section 23(4) of the Representation of the People Act, Aadhaar may be collected or linked only for identity verification but not to establish citizenship, age, or birth details. The ECI emphasized that this approach maintains transparency and aligns with constitutional and legal obligations.
This clarification comes amid ongoing legal scrutiny over the use of Aadhaar in official documentation and its implications for citizenship verification. The Election Commission’s affidavit now firmly sets the record straight, reaffirming that Aadhaar is limited to identification purposes only.
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