The Supreme Court of India has called for responses from the Central and State governments, along with the Election Commission of India (ECI), regarding a petition that seeks to limit the use of Aadhaar strictly to identity verification. Filed by Advocate Ashwini Upadhyay, the petition raises concerns over Aadhaar being used as proof of citizenship, domicile, address, or date of birth. A bench comprised of Chief Justice of India (CJI) Surya Kant and Justice V Mohana has issued a notice to this effect.
Legal Basis for the Petition
The petition is grounded in Section 9 of the Aadhaar Act, 2016, which explicitly states that Aadhaar is not to be considered evidence of citizenship or domicile. This is further reinforced by an August 2023 notification from the Unique Identification Authority of India (UIDAI), clarifying that Aadhaar serves as proof of identity only.
Despite these legal boundaries, the petition argues that Aadhaar is frequently used as proof of age, citizenship, and domicile in various contexts, such as school admissions, property transactions, and issuance of official documents like birth certificates and driving licenses.
Concerns Over Voter Registration
A core issue raised in the petition is the use of Aadhaar as proof of date of birth and residence in Form-6, which is the application form for new voter registrations. The petitioner, Upadhyay, emphasizes that Aadhaar enrollment is accessible to all ‘residents’, including foreigners who have resided in India for at least 182 days in the previous year. This situation is exacerbated by the relatively simple documentation required for Aadhaar enrollment, such as rent agreements.
The plea argues that this opens the door for ‘infiltrators and illegal immigrants’ to acquire Aadhaar cards, eventually enabling them to secure other identity documents, including voter identity cards. This chain of documents allows such individuals to access welfare schemes intended for Indian citizens, diverting public resources and undermining targeted welfare delivery.
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Potential Impact on Elections and Delimitation
Upadhyay voices concerns about the integrity of the electoral process, asserting that illegal immigrants who obtain Aadhaar and other documents can eventually register as voters. This could compromise the sanctity of elections and adversely affect voter delimitation exercises, impacting the principle of equal representation in the Lok Sabha.
The petition calls for the Supreme Court to ensure that Aadhaar is used solely as proof of identity, in accordance with Section 9 of the Aadhaar Act and the UIDAI notification. It seeks a declaration that the use of Aadhaar as proof of date of birth and residence in voter registration applications is in violation of Section 9 of the Aadhaar Act, Section 23(4) of the Representation of the People Act, 1950, and Article 14 of the Constitution, rendering such usage void.
The petition has been meticulously prepared by Advocates Ashwini and Nikhil Upadhyay, who are seeking judicial intervention to uphold the statutory limits on Aadhaar’s use.
