Tell Central government, not court: Supreme Court on claims of Aadhaar misuse for Rohingyas in WB

The Supreme Court on Tuesday said that it cannot examine the claims of misuse or fraudulent issuance of Aadhaar cards, and such matters should be addressed by the Union government.

The Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice Vipin Pancholi made the observation while hearing a matter related to the ongoing Special Intensive Revision (SIR) of electoral rolls in West Bengal.

The issue arose in connection with a clarification issued by the Court regarding the acceptance and use of Aadhaar cards in the SIR process. Seeking a further clarification, advocate Ashwini Upadhyay, who is also a member of the Bharatiya Janata Party (BJP), alleged that Aadhaar cards are being fraudulently issued in West Bengal, particularly to Rohingyas.

Justice Bagchi said that Upadhyay can make a representation to the Union of India for amending the law, including the Representation of Peoples Act.

"If Aadhaar is fraudulently procured on industrial scale, it has to be statutorily regulated. Aadhaar was brought in as a document to act as an identity proof and we have to acknowledge that. There is no question of citizenship being canvassed on Aadhaar," the judge added.

On similar lines, CJI Kant said,

"This needs a deeper probe and the court is not a forum for this."

In September 2025, the Supreme Court had directed the Election Commission of India (ECI) and its authorities to accept Aadhaar Card as a proof of identity for the purpose of inclusion or exclusion in the revised voter list of the State of Bihar.

The Court had noted as per 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.

"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 Court had ordered.