Manisha Yadav
On 28 July 2025, the Supreme Court of India advise the Election Commission of India (ECI) to involve Aadhaar & the Electoral Photo Identity Card (EPIC) as acceptable forms of identification for the Special Intensive Revision of electoral rolls.
The Bench of Justice Surya Kant and Justice Joymalya Bagchi, highlight their concerns for forgery inherent in many documents which were listed by the ECI, and question the rationale behind excluding the Aadhaar card and EPIC from the approved list, & said to include these two documents also.
The multiple petitions challenge the ECI’s directive issued on June 24, related to the Special Intensive Revision of electoral rolls ahead of the upcoming State assembly elections. Petitioners argued that the ECI’s directive infringes several constitutional provisions such as Articles 14, 19, 21, 325, & 326, while also deviating from established procedures under the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960.
In its defense, the ECI affirm that it possesses the authority to conduct such revisions as per Article 324 of the Constitution and Section 21(3) of the Representation of the People Act, 1950. The ECI stated that both Aadhaar & ration cards could be acquired using fraudulent documents, thereby warranting caution in their acceptance. Senior Advocate Rakesh Dwivedi, represent the ECI & pointed out the widespread issues associated with ration cards & emphasised that even EPICs should not be considered foolproof. As per the SIR notification, suppose someone uploads the form with Aadhaar, why will you not include it in the draft?
In response, senior Advocate Rakesh Dwivedi clarified that the Election Commission of India accept Aadhaar, though it requires a supporting document for its validation.
The Bench request the counsel for a timeline of their submissions, states that
“Just give us the schedule. We will fix the time. Today’s meeting may take some time,” indicating their intent to address the issue quickly.
Case Name: Association for Democratic Reforms v The Election Commission of India
Case Number: W.P.(C) No. 640/2025 PIL-W
Bench: Justice Surya Kant & Justice Joymalya Bagchi
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