SC Seeks Centre, States’ Replies on Plea Against Use of Aadhaar as Proof of Citizenship

By Mahima Katal

New Delhi, June 16: The Supreme Court on Tuesday sought responses from the Centre, all states, and Union Territories on a plea alleging misuse of Aadhaar cards as proof of citizenship, domicile, residence, and date of birth. The petition seeks directions to restrict Aadhaar's use strictly to identity verification.

A bench comprising Chief Justice Surya Kant and Justice V. Mohana issued notices to the Centre and state governments and tagged the matter with similar pending petitions.

The petition, filed by advocate Ashwini Kumar Upadhyay through advocate Ashwani Dubey, has sought directions to the Centre, state governments, and the Election Commission to ensure that Aadhaar is treated solely as proof of identity and not as evidence of citizenship, domicile, address, or date of birth.

The plea argues that the use of Aadhaar as proof of residence and date of birth in applications for fresh voter registration violates Section 9 of the Aadhaar Act, 2016, Section 23(4) of the Representation of the People Act, 1950, and Article 14 of the Constitution.

Referring to Section 9 of the Aadhaar Act, the petition states that Aadhaar does not constitute proof of citizenship or domicile. It also cites a notification issued by the Unique Identification Authority of India (UIDAI) on August 22, 2023, which clarifies that Aadhaar serves only as proof of identity and not as proof of citizenship, address, or date of birth.

Despite these provisions, the petition contends that Aadhaar is routinely accepted as proof of age, citizenship, and residence for purposes such as school admissions, property transactions, birth certificates, ration cards, driving licences, and voter registration. It alleges that such practices enable illegal immigrants and infiltrators to obtain official documents using Aadhaar.

The plea further claims that the verification process under Form-6, used for new voter registrations, is inadequate and may allow individuals lacking proper supporting documents to be included in electoral rolls.

Seeking broader electoral reforms, the petition has proposed a comprehensive review of the existing verification framework and the constitution of a high-powered monitoring committee comprising a retired Supreme Court judge, cybersecurity experts, and forensic specialists to oversee the process.