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Informist, Tuesday, Jun. 16, 2026

 

NEW DELHI – The Supreme Court Tuesday issued notices to the Centre, state governments, the Election Commission of India, and the Unique Identification Authority of India on a petition seeking that Aadhaar should be used as proof of identity only, not as proof of citizenship, domicile, address and date of birth. The petitioner Ashwini Kumar Upadhyay, an advocate, said that using Aadhaar as a proof of date of birth and residence in the application form for new voter registration is against Section 9 of The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, Section 23(4) of the Representation of the People Act 1950 and Article 14 of the Constitution.

 

The petitioner said Section 9 of the 2016 Act expressly states that Aadhaar is not evidence of citizenship or domicile. The Unique Identification Authority of India's 2023 notification also mentions that Aadhaar is proof of identity, not of citizenship, address or date of birth. The apex court and various high courts have held that Aadhaar is not proof of age, said the petitioner.

 

Aadhaar can be obtained from common service centres operated by private persons or individuals on the recommendation of village pradhan, municipal councillor and even by using a rent agreement, said Upadhyay. Despite this, Aadhaar is not only being used as proof of age, citizenship, domicile for school admission, property purchase, and to obtain birth certificate, ration card, driving licence, but also in application form for new voter registration as proof of date of birth and proof of residence, he said. And thus, infiltrators and illegal immigrants are obtaining various documents using the Aadhaar, he added. Infiltration is a weapon of political parties to subvert the electoral process for their benefit, said the petitioner. Bengal, Assam and other North Eastern states have been afflicted by cheap political tactics, he said. The infiltrators are helped by either the party in power or the opposition parties, and are also helped with identity documents such as Aadhaar or ration cards, he added.  

 

In January, the petitioner came to know the manner in which infiltrators and illegal immigrants were able to procure Aadhaar card, through weak and easily manipulable verification processes, thereby enabling them to falsely project themselves as lawful residents and avail benefits not legally due to them, to the detriment of genuine citizens. Infiltrators and illegal immigrants use Aadhaar as a basic document and gradually obtain ration card, birth certificate, domicile certificate, driving licence, and voter IDs also, said the petitioner. After obtaining five to six documents, infiltrators and illegal immigrants not only avail the welfare schemes of the Centre and state governments meant for economically weaker sections but also enjoy the benefits meant for Scheduled Caste, Scheduled Tribes and Other Backward Classes, said the petitioner.  End

 

Reported by Surya Tripathi

Edited by Deepshikha Bhardwaj

 

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