The Supreme Court is scheduled to hear on Tuesday a petition alleging that Aadhaar cards issued by the Unique Identification Authority of India (UIDAI) are being improperly used as proof of citizenship, domicile and residential address, and seeking directions to limit their use strictly to identity verification.
A bench comprising Chief Justice of India Surya Kant and Justice V. Mohana is expected to take up the public interest litigation filed by advocate Ashwini Kumar Upadhyay.
The petition seeks directions to the Centre, state governments and the Election Commission to ensure that Aadhaar is accepted solely as proof of identity and not as evidence of citizenship, domicile, residence or date of birth.
Filed through advocate Ashwani Dubey, the plea further requests the court to examine whether the acceptance of Aadhaar as proof of date of birth and residence in Form-6, used for new voter registration, is contrary to Section 9 of the Aadhaar Act, 2016, Section 23(4) of the Representation of the People Act, 1950, and Article 14 of the Constitution.
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According to the petition, Section 9 of the Aadhaar Act clearly states that Aadhaar shall not be treated as proof of citizenship or domicile. It also refers to a UIDAI notification dated August 22, 2023, which states that Aadhaar serves as proof of identity and not as proof of citizenship, address or date of birth.
Despite these provisions, the plea contends that Aadhaar is widely being used as evidence of age, citizenship and domicile for purposes such as school admissions, property transactions and obtaining documents including birth certificates, ration cards and driving licences.
The petition further points out that Aadhaar is being accepted in the application process for new voter registration as proof of both date of birth and residence. It argues that such practices enable illegal immigrants and infiltrators to obtain multiple official documents using Aadhaar as the foundational document.
The petitioner has also questioned the adequacy of the existing verification mechanism under Form-6, claiming that individuals lacking proper supporting records may still find their way into the electoral rolls. Seeking broader reforms, the plea calls for a comprehensive review and strengthening of the verification framework used in electoral processes across the country.
In addition, it proposes the constitution of a high-powered monitoring committee headed by a retired Supreme Court judge and comprising cybersecurity specialists and forensic experts to oversee implementation of reforms and ensure greater integrity in the verification system.
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