Aadhaar Card Issues

‘Consider Aadhaar, EPIC, ration card as proof ’

Why in the News?

Recently, the Supreme Court of India has intervened in the ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar, urging the Election Commission (EC) to consider documents like Aadhaar, EPIC, and ration cards as valid identity proof.

Why did the SC question Aadhaar’s exclusion from voter ID documents?

  • Widespread Use for Identity Verification: The Court noted that Aadhaar is one of the most widely used and accepted documents for establishing identity in India. It questioned why Aadhaar, considered essential for obtaining various official documents, was excluded while documents like caste certificates were included.
  • Relevance to Identity, Not Citizenship: The Court emphasized that the Special Intensive Revision (SIR) process is about verifying identity, not citizenship. Since Aadhaar serves that purpose effectively, its exclusion lacked justification.
  • Non-Exclusivity of Document List: The Court highlighted that the Election Commission’s list of 11 acceptable documents was not exhaustive, and in the interest of justice, Aadhaar, EPIC, and ration cards should also be considered valid for voter registration.

What issues surround the timing and conduct of the SIR in Bihar?

  • Short and Rigid Timelines: The Supreme Court noted that the 30-day deadlines for citizens to verify and submit documents were too short, raising concerns about procedural fairness.
  • Unclear Classification of SIR: The Court observed that the Bihar SIR was neither “summary” nor “special” as defined under Section 21 of the Representation of the People Act, 1950, making the exercise appear legally ambiguous.

Why is Aadhaar controversial in proving voter citizenship?

  • Not a Proof of Citizenship: The Aadhaar Act clearly states that Aadhaar is meant for identity verification, not citizenship confirmation. It can be issued to non-citizens who are residents, which makes it unreliable as evidence for voting eligibility.
  • Risk of Inclusion Errors: Using Aadhaar may result in non-citizens being wrongly enrolled as voters due to data inaccuracies or misuse, thereby compromising the integrity of the electoral rolls.
  • High Dependence Among Marginalised Groups: In regions like Bihar, 87% of people have Aadhaar, but few possess documents like passports or matriculation certificates. If Aadhaar is excluded, vulnerable citizens risk disenfranchisement, raising concerns about equity and access.

What are the issues related to the Adhaar Card and NPR in India? 

  • Overlap of Purpose and Confusion on Citizenship: While Aadhaar is officially a tool for identity verification and welfare delivery, and NPR is for creating a register of residents, their perceived linkage with citizenship screening (especially post-CAA debate) has led to widespread fear and confusion. Eg: During the 2020 NPR update, several states (e.g., West Bengal, Kerala) halted implementation, citing concerns over its potential use for citizenship determination.
  • Privacy and Data Security Concerns: Both Aadhaar and NPR involve massive collection of personal data, but the legal and technological safeguards for privacy and misuse remain inadequate. Aadhaar has faced leaks, while NPR has been criticised for seeking sensitive demographic data without clear purpose. Eg: In 2018, UIDAI acknowledged multiple cases where Aadhaar data was accessible through public domains or appswithout authorisation.
  • Exclusion due to Documentation Gaps: Aadhaar and NPR can inadvertently exclude individuals lacking proper documentation—especially the poor, migrants, or marginalised groups—from public services or the voter list. Eg: Reports from Jharkhand revealed cases where lack of Aadhaar linkage led to denial of PDS rations, contributing to hunger-related deaths.

Way forward: 

  • Strengthen Legal Safeguards and Clarity: Enact clear legislative guidelines to distinguish the roles of Aadhaar, NPR, and citizenship documentation, ensuring they are not misused for exclusionary practices. A robust data protection law must accompany these measures.
  • Promote Inclusion and Transparency: Ensure all government identity and registration drives are conducted with public awareness, grievance redressal mechanisms, and opt-out provisions for vulnerable groups, to prevent exclusion and build trust in institutions.

Mains PYQ:

[UPSC 2014] Two parallel run schemes of the Government viz. the Adhaar Card and NPR, one as voluntary and the other as compulsory, have led to debates at national levels and also litigations. On merits, discuss whether or not both schemes need run concurrently. Analyse the potential of the schemes to achieve developmental benefits and equitable growth.

Linkage: This PYQ directly relates to the essence of the statement “Consider Aadhaar, EPIC, ration card as proof” by focusing on the Aadhaar Card and the debates and implications surrounding its use as a governmental tool.

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