The Election Commission of India has told the Supreme Court that it had already issued instructions for using the Aadhaar card as proof of identity and not of citizenship, for inclusion or exclusion in the revised voter list of Bihar.

In a reply filed in the top court, the commission leaned on the Supreme Court’s own September 8 clarification, which drew a firm boundary around Aadhaar’s role.

The court had said the Aadhaar card was to be used “for the purpose of establishing identity in view of Section 23(4) of the Representation of the People Act (RPA), 1950”. Section 23 deals with inclusion of names in electoral rolls, a process now under intense scrutiny in Bihar.

The EC said it moved quickly after the court’s order.

“... by following the aforesaid order, the commission has already issued instructions dated September 9, 2025, to the Chief Electoral Officer (CEO), Bihar for usage of Aadhaar card as proof of identity and not as proof of citizenship… for the purpose of inclusion or exclusion in the revised voter list of the state of Bihar,” it told the bench.

The reply came after advocate Ashwini Kumar Upadhyay sought clear directions that Aadhaar be confined to identity verification alone, as per Section 23(4) of the RPA.

The EC also highlighted the UIDAI’s August 2023 office memorandum, which stripped Aadhaar of any authority on citizenship, residence or date of birth.

The Bombay high court had cited the same memorandum while ruling that Aadhaar was not proof of date of birth and that the burden of proof lies on the Aadhaar holder.

“It is also important to highlight that this court vide its order dated September 8, 2025… has already clarified the usage of Aadhaar for the purpose of inclusion and exclusion in the voter list,” the EC said.

On October 7, the Supreme Court issued notice on Upadhyay’s application. The bench reminded that it had already stated that Aadhaar does not establish citizenship or domicile.