The Supreme Court has called for responses from the Centre, various State governments, and the Election Commission of India regarding a Public Interest Litigation (PIL) that seeks to limit the use of Aadhaar strictly as identity proof. This legal action, filed by advocate Ashwini Kumar Upadhyay, contends that Aadhaar should not serve as proof of citizenship, domicile, or date of birth.

A bench comprising Chief Justice of India Surya Kant and Justice V Mohana issued a notice in light of the PIL, which argues that the current applications of Aadhaar exceed its intended legal boundaries. The petitioner asserts that according to the Aadhaar Act, 2016 and corresponding UIDAI notifications, Aadhaar’s role should be confined to proving identity.

Claims within the PIL

Section 9 of the Aadhaar Act specifically mentions that the Aadhaar number cannot be considered evidence of citizenship or domicile. Additionally, a UIDAI notification dated August 22, 2023, emphasises that Aadhaar serves only as proof of identity and not for other purposes. Despite these clarifications, the petition argues that Aadhaar continues to be misused in multiple scenarios, including school admissions, obtaining ration cards, and securing driving licences.

Concerns have also been raised regarding the verification processes for Aadhaar, as the petitioner alleges that this system allows infiltrators and illegal residents to obtain Aadhaar cards. These individuals then reportedly use Aadhaar to acquire additional identity documents, including voter ID cards, which could compromise the integrity of many administrative and electoral processes.

Legal Arguments Presented

The PIL further points out that Form-6 under the Registration of Electors Rules, 1960 allows Aadhaar as proof of date of birth and residence. The petitioner considers this an inconsistency with the Aadhaar Act and existing UIDAI guidelines. It cites various judicial rulings, including those from Supreme Court and High Courts, emphasising that Aadhaar cannot serve as definitive proof of age.

Moreover, the petition highlights the impact of illegal infiltration on electoral integrity and demographic balance, as well as challenges to national security. Relying on previous Supreme Court rulings, such as the case of Sarbananda Sonowal versus the Union of India, the plea refers to large-scale illegal migration as “external aggression and internal disturbance.”

Among its requests, the petition implores governmental authorities to restrict Aadhaar’s use strictly to identity verification, in alignment with the stipulations of the Aadhaar Act and UIDAI provisions. Upholding the proper application of the Aadhaar Act is presented as essential in maintaining electoral integrity and upholding the rule of law, as stated in the Constitution.

Long or Short, get news the way you like. No ads. No redirections. Download Newspin and Stay Alert, The CSR Journal Mobile app, for fast, crisp, clean updates!

App Store –  https://apps.apple.com/in/app/newspin/id6746449540 

Google Play Store – https://play.google.com/store/apps/details?id=com.inventifweb.newspin&pcampaignid=web_share