The Supreme Court has issued notice on a PIL seeking directions that Aadhaar be used only as proof of identity and not for establishing citizenship, residence, or age. The Court observed that the issue overlaps with a similar matter already pending before it.
The Supreme Court issued notice on a Public Interest Litigation (PIL) seeking directions to ensure Aadhaar is used only as proof of identity. While doing so, the Court observed that the issue is similar to another matter already pending before it.
The Bench comprised Chief Justice of India (CJI) Surya Kant and Justice V. Mohana, and the petition was heard on an application filed by Advocate Ashwini Kumar Upadhyay, who appeared in person.
The PIL, filed through Advocate-on-Record (AoR) Ashwini Kumar Dubey, argues that Aadhaar has increasingly been relied upon in a range of administrative and electoral processes in ways that go beyond the scope permitted by law.
It contends that Section 9 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016—along with UIDAI notifications shows that Aadhaar is not meant to establish citizenship, domicile, residence/address, or date of birth.
When the matter came up for hearing, Upadhyay submitted that it concerns an important legal question.
He told the Bench,
“It is a very important matter,”
Responding to the urgency highlighted by the petitioner, CJI Surya Kant remarked,
“Partial Court working days you’re not sparing us.”
The Bench, however, proceeded to issue notice on the petition.
The CJI further noted that the issues raised in the PIL substantially overlap with those in another case already before the Court.
The CJI said,
“This is similar to one of the matters that is already before us,”
Upadhyay agreed with the Court’s observation. The Bench then indicated that the PIL would be heard together with the connected matter for the sake of judicial convenience, stating that there is a relationship between the issues involved.
The Chief Justice said,
“We’ll put it together as there is connectivity between both the cases,”
Through the PIL, the petitioner seeks judicial clarification on Aadhaar’s limited legal role and requests that Aadhaar not be used as a document to establish citizenship, residence, domicile, or date of birth during administrative and electoral processes.
The petition argues that such usage violates the Aadhaar Act and contradicts UIDAI’s own clarifications.
The petition states that this practice results in legal inconsistency because Aadhaar is being used to determine eligibility requirements such as age and residence, even though UIDAI has indicated that it cannot be treated as proof of date of birth or address.
It further argues that this undermines safeguards intended to ensure only eligible citizens are included in electoral rolls. The petitioner also claims that the existing verification process using Form-6 is insufficient and could allow persons lacking proper supporting documents to be entered into the electoral database.
The PIL asserts that this approach conflicts with the statutory scheme under the Representation of the People Act, 1950—particularly Section 23(4), which, according to the petition, allows Aadhaar only for identity verification purposes. It also raises constitutional concerns, citing Articles 14, 19, 21, 326, and 327, and argues that the present system may lead to unequal treatment of citizens and non-citizens in electoral participation.
The plea contends that misuse of identity documents as proof of eligibility could compromise the integrity of the democratic process.
In its prayers, the petitioner seeks a declaration that the use of Aadhaar as proof of date of birth and residence in voter registration forms is unconstitutional, arbitrary, and void.
The PIL additionally requests directions to the Union government, State authorities, and the Election Commission of India to ensure Aadhaar remains confined strictly to identity verification. It also seeks a comprehensive overhaul of the verification framework used in electoral processes.
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The petition proposes the constitution of a high-powered monitoring committee comprising a retired Supreme Court judge along with cybersecurity and forensic experts to supervise reforms and ensure authentication mechanisms are more robust.
It further calls for stronger digital safeguards, including secure electronic verification systems, to prevent alleged misuse of identity documents and to improve the reliability of public databases used for electoral and welfare purposes.
The PIL states that its objective is to safeguard the integrity of electoral rolls and ensure that constitutional rights and welfare benefits are extended only to those eligible under law.
The petitioner has also requested the Court to issue any other appropriate directions in the interest of justice and constitutional governance.
Case Title: Ashwini Kumar Upadhyay v. Union of India & Ors.