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The Supreme Court on Tuesday remarked that the Unique Identification Authority of India (UIDAI) cannot be the basis to stop the use of the Aadhaar card as proof of identity for the purpose of inclusion in the electoral roll.

A bench comprising Justices Surya Kant and Joymalya Bagchi remarked that an executive notification cannot override a statutory provision, while hearing petitions related to the Special Intensive Revision (SIR) of the electoral rolls of various states.

“A government notification does not override primary legislation. Aadhaar has been given a status with regard to identity in the primary legislation namely RP Act. Until and unless that provision is amended or you challenge that provision as ultra vires, a notification by UIDAI, in the executive

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