SC Examines Aadhaar’s Use as Citizenship Proof

Source: Supreme Court 

Why in News? 

A Bench of Chief Justice of India Surya Kant and Justice V Mohana of the Supreme Court of India issued notice on a writ petition seeking directions to restrict the use of Aadhaar as proof of citizenship, domicile, address, and date of birth, and to ensure that it is used only as proof of identity. 

• The petition, filed by advocate Ashwini Upadhyay, raises concerns that the continued acceptance of Aadhaar for purposes beyond identity proof enables illegal immigrants and infiltrators to secure other official documents, including voter identity cards. 

What was the Background of Ashwini Kumar Upadhyay v. Union of India (2026) Case? 

• The petitioner contended that Section 9 of the Aadhaar Act, 2016 expressly clarifies that an Aadhaar number does not confer any right to, or serve as proof of, citizenship or domicile. 
• The petition relied on a UIDAI notification dated August 22, 2023, which similarly clarifies that Aadhaar is proof of identity alone and not proof of citizenship, address, or date of birth. 
• Despite these statutory and administrative clarifications, the petitioner pointed out that Aadhaar continues to be accepted as proof of age, citizenship, and domicile for purposes such as school admissions, property transactions, and the issuance of birth certificates, ration cards, and driving licences. 
• The petition also challenged the use of Aadhaar in Form-6, the application form for new voter registration, where it is accepted as proof of date of birth and residence.  
• The petitioner argued that Section 23(4) of the Representation of the People Act, 1950 permits Aadhaar to be used only to establish identity, and not to prove age or residence. 
• It was further submitted that any person residing in India for 182 days in a year becomes eligible to obtain Aadhaar, including through documents such as rent agreements and recommendations from local authorities, making it possible for illegal immigrants to acquire Aadhaar and subsequently other identity documents. 
• The petitioner sought directions to the Union Government, State Governments, and the Election Commission of India to restrict Aadhaar's use strictly to proof of identity, along with a declaration that its use as proof of date of birth and residence in Form-6 is contrary to Section 9 of the Aadhaar Act, Section 23(4) of the Representation of the People Act, and Article 14 of the Constitution, and is therefore void and inoperative. 

What were the Court's Observations? 

The Bench, comprising Chief Justice of India Surya Kant and Justice V Mohana, issued notice to the Union of India and other concerned authorities, calling for their response to the petitioner's contentions without recording any findings on the merits of the case at this stage. 

What is Aadhaar? 

• Aadhaar is a 12-digit individual identification number issued by the Unique Identification Authority of India (UIDAI) on behalf of the Government of India, serving as proof of identity and address anywhere in India. 
• It is a biometric document that stores an individual's personal information on a government database. 
• Eligibility: Any individual, including foreign nationals, who has resided in India for 182 days or more in the 12 months preceding the enrolment application is eligible, subject to submission of one of the 18 notified identity and address documents. 
• Aadhaar is issued by UIDAI, a statutory authority constituted under the Aadhaar Act, 2016. 
• Utility: Aadhaar facilitates access to Direct Benefit Transfer (DBT), banking services, mobile connections, and various government and non-government services. 
• Legal status: Aadhaar is proof of identity and address only — it is not proof of citizenship, domicile, or date of birth, and cannot be used to establish nationality. 
• Judicial stand: In Justice K.S. Puttaswamy v. Union of India (2017), the Supreme Court upheld Aadhaar's constitutional validity while clarifying that, under Section 9 of the Aadhaar Act, 2016, an Aadhaar number does not confer or prove citizenship or domicile. 
• UIDAI has introduced "Udai," a resident-friendly mascot (launched January 2026), as a communication tool to make Aadhaar services on updates, authentication, offline verification, and selective information-sharing more accessible to the public.