New Delhi, May 19:A Public Interest Litigation (PIL) has been filed in the Supreme Court, urging the Centre, state governments, and the Election Commission of India to restrict Aadhaar usage solely as a proof of identity, and not as proof of citizenship, domicile, address, or date of birth.
The plea, filed by advocate Ashwini Kumar Upadhyay under Article 32 of the Constitution, seeks a declaration that using Aadhaar for date of birth and residence verification in Form-6 for new voter registration violates Section 9 of the Aadhaar Act, Section 23(4) of the Representation of the People Act, 1950, and Article 14 of the Constitution, rendering it “void and inoperative.”
The petition points out that Section 9 of the Aadhaar Act explicitly states that Aadhaar is not evidence of citizenship or domicile. A UIDAI notification dated August 22, 2023, also clarifies that Aadhaar serves only as proof of identity, not citizenship, address, or date of birth. Despite this, the plea claims Aadhaar is widely used for purposes such as school admissions, voter registration, ration cards, driving licences, and property transactions—situations where proof of citizenship, residence, or age is required.
The petitioner alleged that weak verification processes allow infiltrators and illegal immigrants to obtain Aadhaar, which is then used to acquire other identity documents, including voter IDs, affecting welfare distribution and the integrity of elections.
The PIL highlights that Form-6 under the Registration of Electors Rules, 1960 permits Aadhaar as proof of date of birth and residence, which, according to the petitioner, conflicts with the Aadhaar Act and UIDAI guidelines. The petition also cites Supreme Court and High Court rulings emphasizing that Aadhaar cannot be treated as conclusive proof of age.
Invoking Articles 14, 19, 21, 29, 326, 327, and 355 of the Constitution, the plea underscores that illegal infiltration threatens electoral integrity, demographic balance, welfare schemes, and national security, referencing the Supreme Court’s observation inSarbananda Sonowal v. Union of India, which described large-scale illegal migration as “external aggression and internal disturbance.”
The PIL seeks directions to ensure that Aadhaar is used exclusively as proof of identity, in accordance with Section 9 of the Aadhaar Act 2016 and the UIDAI notification dated August 22, 2023.
