“So long as the Representation of the People Act 1950 allowed…” Supreme Court Says Aadhaar Valid ID For Bengal SIR

The CJI indicated that concerns about misuse might require scrutiny but cautioned against raising such issues prematurely, stating the matter may need a deeper probe but this was not the correct time. CJI said, "The matter may require a deeper probe. But this is not the timing. Lest we are misunderstood by anyone, let the right atmosphere and environment come."

Justice Bagchi was more direct, telling the petitioner to pursue legislative change instead of repeatedly arguing the issue before the Court. He said if Aadhaar fraud exists on an “industrial scale,” it would require statutory regulation and therefore a representation to the Union Government seeking amendment of the law.

"Mr. Upadhyay, the Solicitor General is here. You make a representation to the Union of India to amend the Representation of the Peoples Act. Let Mr.Upadhyay approach the Government. This cannot be a discussion before our forum always. If Aadhaar has been fraudulently procured on an industrial scale, then it requires to be statutorily regulated. Because the Representation of the Peoples Act was amended and Aadhaar was brought in as a document which will prove identity. We have to acknowledge that," Justice Bagchi said. The Bench also reiterated a key legal distinction central to the controversy: Aadhaar can only serve as proof of identity, not proof of citizenship.

The remarks come amid intense political and legal debate over the SIR exercise in West Bengal, where questions about documentation, timelines and verification standards have triggered litigation and allegations from multiple sides. By reiterating that Aadhaar is permissible under existing law, the Court has effectively clarified the framework within which the revision process must proceed unless Parliament amends the statute. The Supreme Court, in essence, has drawn a clear line - policy objections to Aadhaar belong before lawmakers, not judges, as long as current law recognises it as a valid identity document.​