UIDAI Says Aadhaar Card Is Not A Citizenship Proof To High Court


Radhika Kajarekar

Radhika Kajarekar

Jul 10, 2024


Aadhaar numbers do not prove citizenship or residency, senior UIDAI counsel said in the Calcutta High Court.

Residents who stay in the nation for more than 182 days at a time are granted an Aadhaar card, which is used to get specific government subsidies.

Aadhaar Numbers Do Not Prove Citizenship

Gupta was arguing against the Joint Forum’s request that the NRC invalidate Aadhaar Act, 2023, regulation 28A, which addresses foreign nationals.

When a foreign citizen overstays their visa in the country, UIDAI has the authority to revoke their Aadhaar card.

The Joint Forum against NRC had brought up the misunderstanding surrounding Bengal’s Aadhaar card deactivation in a PIL. 

The UIDAI attorney contended that because the petition was filed on behalf of non-Indian citizens, it could not be maintained.

The Joint Forum against NRC has brought up the misunderstanding surrounding the deactivation of Aadhaar cards in Bengal in a Public Interest Litigation (PIL) filed at the division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya. 

“Confusion and Contradiction in Statements”?

Jhuma Sen, the Forum’s attorney, stated: “There is confusion and contradiction in statements of Union ministers. A letter from the CMO has been sent to the PMO on this issue and a member of the Rajya Sabha from Bengal has also taken up the matter with Centre. The UIDAI initially said it was a technical error.”

Based on information provided by passport authorities or authorities overseeing the Foreigners Act, UIDAI is able to investigate people’s documentation.

Sen contended that regulation 28A, when read in conjunction with regulation 29, was a back-door NRC and a colored use of authority on behalf of the Joint Forum against NRC. He said, “Regulation 28A, when read with the following regulation 29, becomes diabolical. This is back-door NRC. This is a colourable exercise of power.”

One of these Aadhaar card deactivations had been prevented by a single bench of the High Court. 

The PIL, according to ASG Ashoke Kumar Chakraborty, could not be maintained because it did not contest section 54 of the Aadhaar Act. Chakraborty also questioned the petitioner’s ability to contest a nation’s sovereignty.

A foreign resident who obtained eleven properties in Bengal and filed IT returns with an Aadhaar card was the subject of a case mentioned by the Chief Justice. The matter’s next hearing has been scheduled on July 11 by the division bench.

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Radhika Kajarekar
Radhika Kajarekar
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