Supreme Court Issues Notice On Plea Seeking Biometric Identification At Polling Booths To Prevent Electoral Malpractices

The Supreme Court on Monday issued notice on a public interest litigation seeking implementation of fingerprint and iris-based biometric identification at polling stations to prevent electoral malpractices such as proxy voting, duplicate voting and bribery.

A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing the petition filed by advocate Ashwini Kumar Upadhyay under Article 32 of the Constitution.

"Prima facie, the nature of reliefs cannot be considered for the ensuing elections in some of the states. However, whether such a recourse deserves to be followed for the next parliamentary elections and/or elections of state legislatures needs to be examined," the Court observed.

During the hearing, Upadhyay submitted that the proposed system would serve as a preventive mechanism against electoral fraud. He acknowledged that implementing such measures in the immediate upcoming Assembly elections may not be feasible, but argued that the system could be introduced in future elections to curb practices like proxy voting and inducement of voters.

The Chief Justice responded that the proposal would require major changes in the rules governing elections and would also impose a significant financial burden. The Court further observed that while the Election Commission of India has plenary powers to ensure free and fair elections, the existence of power was not the issue.

"Anything which is for fairness of elections, power can be traced out," the Chief Justice remarked.

In the plea, the petitioner contended that the writ petition was filed to implement a Finger and Iris Biometric Identification System at polling stations in impending Assembly elections in order to prevent bribery, undue influence, personation, duplicate voting, ghost voting and other electoral malpractices.

The petition stated that the cause of action arose on March 20, 2026, when the petitioner became aware that despite various measures taken by the Election Commission of India, instances of bribery, undue influence, personation, duplicate voting and ghost voting continued to persist, thereby undermining public confidence in the electoral process.

According to the petitioner, these practices cause widespread injury to citizens by affecting the purity and integrity of elections. The plea asserted that implementation of biometric authentication at polling booths would uphold the constitutional mandate of free and fair elections and ensure that only genuine and duly registered electors are permitted to cast their votes.

The petitioner further submitted that biometric identifiers are unique and incapable of being fabricated, thereby ensuring the principle of "One Citizen, One Vote" in its truest sense. It was argued that the Election Commission can implement such measures by exercising its plenary powers under Article 324 of the Constitution.

The plea also pointed out that Aadhaar-based identification has already been recognised as a valid proof of identity under Section 23(4) of the Representation of the People Act, 1950, and suggested that biometric verification at polling stations could be implemented on similar lines.

The petitioner stated that a representation dated March 28, 2026, was submitted to the Chief Election Commissioner and Election Commissioners seeking implementation of finger and iris-based biometric identification at polling booths. However, as no action was taken, the present PIL was filed in the interest of justice to ensure free and fair elections.

Case : ASHWINI KUMAR UPADHYAY Vs. UNION OF INDIA AND ORS | W.P.(C) NO. 383/2026 

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