Q. Consider the following statements:
- Aadhaar card can be used as a proof of citizenship or domicile.
- Once issued, Aadhaar number cannot be deactivated or omitted by the Issuing Authority.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer: (d) Neither 1 nor 2
Legal Clarifications on the Use of Aadhaar as an Identity Document
- Bombay High Court:
- Bombay High Court in State of Maharashtra vs Unique Identification Authority of India (UIDAI) Case, 2022 clarified the scope and limitations of Aadhaar as an identity document. The Court stated that Aadhaar is only a proof of identity and residence, not of citizenship or date of birth.
- Supreme Court of India:
- The Supreme Court of India in the case of Justice K.S. Puttaswamy (Retd.) and Anr. vs Union Of India, 2018 has upheld the constitutional validity of Aadhaar.
- The Court also clarified that Section 9 of the Aadhaar Act, 2016 states that “The Aadhaar number or the authentication thereof shall not, by itself, confer any right of, or be proof of, citizenship or domicile in respect of an Aadhaar number holder”.
- The Supreme Court of India in the case of Justice K.S. Puttaswamy (Retd.) and Anr. vs Union Of India, 2018 has upheld the constitutional validity of Aadhaar.
- Ministry of Electronics and Information Technology (MeitY):
- MeitY clarified in a 2018 memorandum that Aadhaar is “per se … not a proof of date of birth,” as the date of birth is based on a different document given by Aadhaar applicants.
- Employees’ Provident Fund Organisation (EPFO):
- The EPFO which administers the mandatory retirement fund for salaried employees in India.
- The EPFO issued a circular in January 2024 deleting Aadhaar from the list of documents acceptable as a proof of date of birth.
- The EPFO which administers the mandatory retirement fund for salaried employees in India.
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. The number serves as a proof of identity and address, anywhere in India.
- The Aadhaar programme was launched in 2009 by the UIDAI with the goal of providing a unique and verifiable identity for every resident of India.
- It is now mandatory for a number of government services and is also being used by private companies for identification purposes.
- Aadhaar card, which is a biometric document, stores an individual’s personal information on a government database.
- An Aadhaar card can be issued to any person residing in the country for more than six months continuously, provided he/she submits one of the 18 listed identity cards and an address proof.
- Foreign nationals are eligible to obtain one if they have been living in India for half a year.
- Aadhaar number will help the residents to avail various services provided by banking, mobile phone connections and other Govt and Non-Govt services in due course.
Significant provisions of the Aadhaar Act 2016?
- The Act has several salient features, including
- Applicability: Every resident is eligible to receive an Aadhaar number by providing their demographic and biometric information.
- UIDAI: The Act established the Unique Identification Authority of India (UIDAI) as a statutory authority under the Ministry of Electronics and Information Technology to issue Unique Identification numbers (UID), named “Aadhaar”, to all residents of India.
- Unique to everyone: The Aadhaar number assigned to an individual is unique and cannot be given to another person. It is a randomly generated number unrelated to the holder’s attributes or identity.
- Safety and privacy: UIDAI is responsible for ensuring the safety and privacy of the information it holds by taking necessary measures to protect it.
- Restricted sharing: The sharing of Aadhaar numbers and related information is restricted and cannot be made public except for specific reasons outlined in regulations.
- Punishment and fine: Unauthorized access to the Aadhaar database can result in a penalty of imprisonment for up to 3 years and a minimum fine of Rs. 10 lakhs, including revealing any information stored.
- Cognizance by courts: A court can only take notice of any offense related to the Aadhaar Act after a complaint has been filed by the UID authority or an authorized person by it.
How does UIDAI ensure the safety and security of the Aadhaar?
- The Unique Identification Authority of India (UIDAI) has implemented a number of measures to ensure the safety and security of Aadhaar data. These include
- Virtual Aadhaar(Virtual ID)
- Virtual ID(VID) is a temporary, revocable 16-digit random number mapped with the Aadhaar number. VID can be used in lieu of an Aadhaar number whenever authentication or e-KYC services are performed.
- Authentication may be performed using VID in a manner similar to using Aadhaar number. It is not possible to derive Aadhaar number from VID.
- Masked Aadhaar
- Mask Aadhaar option allows you to mask your Aadhaar number in your downloaded e-Aadhaar.
- Masked Aadhaar number implies replacing of first 8 digits of the Aadhaar number with some characters like “xxxx-xxxx” while only the last 4 digits of the Aadhaar Number are visible.
- OTP-based authentication
- OTP (One Time Password) based authentication is an alternative method for verifying an individual’s identity using Aadhaar.
- Instead of using the individual’s biometric data or a physical Aadhaar card, OTP-based authentication uses a one-time password that is sent to the individual’s registered mobile number.
- Tokenization of Aadhaar
- UIDAI has introduced tokenization within the Aadhaar authentication system. UID Token is returned as part of every authentication, which is the unique token for that Aadhaar number holder within that agency.
- This Token will be unique for each Aadhaar number for a particular entity.