Introduction
The Unique Identification Authority of India (UIDAI) has made a historic statement in front of the Calcutta High Court, stating that the Aadhaar card is not a citizenship document and can be issued to non-citizens as well. In response to many petitions that questioned the issuing of Aadhaar cards to foreign nationals living in India, this declaration was made.
The 'Joint Forum Against NRC' presented a plea contesting the abrupt deactivation and reactivation of some Aadhaar cards in West Bengal, and these statements were made before a division bench consisting of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya.
Case: Forum Against NRC v Union Of India ——— Case No: WPA(P) 112/2024
The petitioners had contested the constitutionality of Aadhar Rules Regulations 28A and 29, which granted the authorities under the act the jurisdiction to determine who was a foreigner and deactivate their Aadhar card.
Aadhar is a huge system. Because Aadhar is needed for birth certificates, one cannot be born without it, and one cannot pass away without it. "Our lives are interconnected within the Aadhaar matrix," Jhuma Sen, the petitioner's attorney, contended. Counsel said that a coordinating bench of the High Court had intervened with one such deactivation of an Aadhaar card belonging to a Bangladeshi national and his family.
Background and Legal Context
Introduced in 2009, the Aadhaar card is a 12-digit unique identity number that may be used anywhere in India as confirmation of identity and residence. To improve security and expedite government assistance programmes, the Aadhaar project was started. But ever since it was introduced, the Aadhaar card has been embroiled in disputes and legal battles, mostly centred around issues of privacy, data security, and its connection to citizenship.
The controversial question of non-citizens possessing Aadhaar cards has been raised. Several public interest lawsuits (PILs) have been brought challenging the legality and consequences of providing foreign nationals with Aadhaar cards. The petitioners contend that allowing non-citizens to apply for Aadhaar may compromise national security and result in the misappropriation of public funds.
UIDAI's Standpoint
Laxmi Gupta, Senior Counsel for the UIDAI, began his remarks by questioning the petitioners' locus of action, referring to them as a "unregistered organisation," and asserting that their motion would be unsustainable.
Aadhaar cards do not provide citizenship, as the UIDAI made clear in a recent statement to the Calcutta High Court. It is just an identity document that citizens of India, regardless of their nationality, can use. According to the UIDAI, "The Aadhaar Act, 2016, and subsequent amendments explicitly mention that any resident who has resided in India for 182 days or more in the twelve months immediately preceding the date of application can apply for an Aadhaar card.”
This explanation makes it clear that residents, not citizens, are the target audience for the Aadhaar system. The UIDAI went on to say that the main goal of Aadhaar is to guarantee that citizens have a distinct identity that facilitates the use of a variety of services and advantages, such as banking, mobile connections, and welfare programmes.
Legal Interpretations and Implications
In India's legal system, the distinction between citizens and residents is crucial. In India, residence is a more general term, while citizenship is regulated under the Citizenship Act, of 1955. Having an Aadhaar card does not automatically indicate Indian citizenship since the Aadhaar Act and the Citizenship Act do not overlap.
Legal professionals have praised UIDAI's explanation, saying it is consistent with the fundamental ideas of the Aadhaar Act. They do, however, also highlight the need for strict verification procedures to guard against abuse. "The UIDAI's position is solid legally. Still, strong verification should be implemented to distinguish between legitimate residents and those who would abuse the system, according to constitutional law expert Advocate Anil Sinha.
Government and Public Response
The federal government has affirmed that Aadhaar is an instrument for inclusive growth and improved governance, endorsing UIDAI's position. In a statement endorsing the UIDAI's application, the Ministry of Electronics and Information Technology (MeitY) highlighted the function of Aadhaar in fostering efficiency and transparency in the provision of public services.
The public's response to this development has been uneven, nevertheless. Despite widespread support for the inclusive approach, reservations remain over resource allocation and security. Aadhaar's issuance to non-citizens is criticised for perhaps encouraging the abuse of government benefits intended for Indian nationals.
Case Study: Aadhaar and Welfare Schemes
Ensuring that government benefit initiatives reach the intended recipients without any leakages was one of the main goals of establishing Aadhaar. Aadhaar-connected direct benefit transfer (DBT) has proved crucial in reducing corruption and guaranteeing that benefits and subsidies go straight to the intended beneficiaries.
For instance, Aadhaar linking has significantly increased the delivery efficiency of the Pradhan Mantri Ujjwala Yojana, which connects women from Below Poverty Line (BPL) families to LPG. Programmes like the Public Distribution System (PDS) and the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) have shown comparable effectiveness.
Difficulties and Fears
Notwithstanding its advantages, the Aadhaar system has several drawbacks. Security and privacy of data continue to be top priorities. In a historic ruling in 2018, the Indian Supreme Court maintained Aadhaar's validity while placing limitations on its usage and highlighting the need for data privacy. Since then, the government has proposed the Data Protection Bill, which has not yet been passed into law.
The marginalised communities' isolation presents another difficulty. There have been cases recorded of people, especially in rural and isolated locations, not being able to get welfare benefits because of technical and administrative problems with Aadhaar enrollment and authentication. By implementing more user-friendly procedures and doing offline verification, the UIDAI has been attempting to solve these problems.
Conclusion
The announcement made by the UIDAI in front of the Calcutta High Court is a big step towards explaining the function and reach of the Aadhaar card. Although it reaffirms that Aadhaar is not connected to citizenship, it also demands stringent controls to guard against abuse and guarantee that the system's advantages are distributed fairly and securely to all Indian citizens. As the Aadhaar system develops, ongoing work is required to solve new issues and optimise its potential for inclusive government and growth.
