SC issues notice on plea against Aadhaar being used as citizenship and residence proof

The Supreme Court on Tuesday (June 16) issued notices to the Centre and all States and Union Territories on a plea alleging that Aadhaar cards, issued by the Unique Identification Authority of India, were being misused as proof of citizenship, domicile and residential address.

The petition sought directions to ensure that Aadhaar is used strictly for identity verification and not as evidence of citizenship, domicile or residence.

Court issues notices

The notices were issued by the bench of Chief Justice Surya Kant and Justice V Mohana following a plea filed by advocate Ashwini Kumar Upadhyay. The bench tagged it with the pending similar matters.

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The plea, filed through advocate Ashwani Dubey, sought directions to the Centre, states and the Election Commission to ensure that Aadhaar is only used as a proof of identity and not as a proof of citizenship, domicile, address and date of birth.

Challenge to voter forms

It also sought directions that the use of Aadhaar as proof of date of birth and residence in the application form for new voter registration be considered against Section 9 of the Aadhaar Act, 2016, Section 23(4) of the RPA, 1950 and Article 14 of the Constitution.

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"Section 9 of the Aadhaar Act, 2016 expressly states that 'Aadhaar is not the evidence of citizenship or domicile'. The Unique Identification Authority of India notification dated August 22, 2023, clearly states that 'Aadhaar is proof of identity, not of citizenship, address or date of birth,' stated the plea.

Plea cites misuse concerns

"Despite this, Aadhaar is not only being used as proof of age, citizenship and domicile for school admission, property purchase, and to obtain a birth certificate, ration card, and driving licence, but also being used in the application form for new voter registration (Form-6) as proof of date of birth and proof of residence. And thus, infiltrators and illegal immigrants are obtaining various documents using Aadhaar," it added.

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The petition argued that the existing verification mechanism under Form-6 is inadequate and might allow individuals without proper supporting documents to be included in the electoral database.

The plea sought a comprehensive overhaul of the verification framework used in electoral processes and proposed the establishment of a high-powered monitoring committee comprising a retired Supreme Court judge along with cybersecurity and forensic experts to oversee reforms.

(With agency inputs)