SC Seeks Centre, States’ Replies on Plea Against Use of Aadhaar as Proof of Citizenship, Domicile.
New Delhi:
The Supreme Court on Tuesday sought responses from the Centre, all States, and Union Territories on a petition alleging the misuse of Aadhaar cards as proof of citizenship, domicile, residence, and date of birth, despite legal provisions limiting its scope to identity verification.
A bench comprising Chief Justice of India Surya Kant and Justice V. Mohan issued notices to the Union government and all States/UTs while hearing a plea filed by advocate Ashwini Kumar Upadhyay. The court also ordered that the matter be tagged with similar pending cases.
Petition Challenges Aadhaar’s Expanding Use
The petition, filed through advocate Ashwani Dubey, seeks directions to the Centre, State governments, and the Election Commission of India to ensure that Aadhaar is used solely as proof of identity and not as evidence of citizenship, domicile, residential status, or date of birth.
According to the plea, such usage is contrary to the provisions of the Aadhaar Act, 2016 and could potentially enable illegal immigrants and infiltrators to obtain official documents and access government benefits.
Reliance on Aadhaar Contradicts Law: Plea
The petition highlights that Section 9 of the Aadhaar Act explicitly states that Aadhaar does not serve as proof of citizenship or domicile. It also refers to a notification issued by the Unique Identification Authority of India on August 22, 2023, clarifying that Aadhaar is only proof of identity and not proof of citizenship, address, or date of birth.
Despite these provisions, the petitioner argued that Aadhaar is widely accepted for purposes such as:
School admissions
Property transactions
Obtaining birth certificates
Applying for ration cards
Securing driving licences
Voter registration
The plea contends that this practice has led to Aadhaar being treated as a foundational document for establishing citizenship and residence, which it was never intended to be.
Concerns Over Voter Registration Process
A major concern raised in the petition relates to the use of Aadhaar in Form-6, the application form for new voter registration.
The petitioner argued that accepting Aadhaar as proof of date of birth and residence in voter registration applications may violate:
Section 9 of the Aadhaar Act, 2016,
Section 23(4) of the Representation of the People Act, 1950, and
Article 14 of the Constitution, which guarantees equality before law.
The plea further alleges that the current verification mechanism under Form-6 is insufficient and may allow individuals lacking proper citizenship or residency documentation to be included in electoral rolls.
Demand for Electoral Verification Reforms
Seeking broader reforms, the petitioner has urged the Supreme Court to direct a comprehensive review of the verification framework used in electoral processes.
The petition proposes the creation of a high-powered monitoring committee headed by a retired Supreme Court judge and comprising cybersecurity and forensic experts. The committee would oversee reforms aimed at strengthening document verification and safeguarding the integrity of electoral databases.
Court Issues Notices
Taking note of the concerns raised, the Supreme Court issued notices to the Centre and all States and Union Territories, seeking their responses. The matter will now be considered along with similar pending petitions before the apex court.
The case is likely to have significant implications for the use of Aadhaar in government services, voter registration procedures, and the broader debate over identity verification versus proof of citizenship in India.
