Is Aadhaar Proof of Citizenship? Supreme Court’s Stance and What Documents You Need

INTRODUCTION

During today’s hearing on the review petition challenging the Election Commission of India’s (ECI) decision to conduct a Special Intensive Revision (SIR) of the electoral roll in Bihar, the Supreme Court backed the ECI’s stance, stating that the Aadhaar card cannot be treated as conclusive proof of citizenship.

When senior advocate Kapil Sibal, appearing for the petitioners, argued that residents possessing Aadhaar cards, ration cards, and EPIC (voter ID) cards were still being denied recognition of their citizenship by officials.

On this Justice Kant responded: “The Election Commission is correct in stating that Aadhaar cannot be accepted as conclusive proof of citizenship, it must be verified. Please refer to Section 9 of the Aadhaar Act.”

Justice Kant further stated, “Are the petitioners claiming that Aadhaar is proof of citizenship? Even the Aadhaar Act makes it clear that it is not. It is not that Aadhaar is entirely irrelevant, but it cannot, by itself, establish citizenship.”

Let’s understand whether Aadhaar card is proof of citizenship or not, and if not, then what documents are proof of citizenship in India.

AADHAAR CARD NOT A VALID PROOF OF CITIZEN SHIP

Justice Kant asked to refer Section 9 in The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. This section states that 

• “Aadhaar number not evidence of citizenship or domicile, etc.– 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.”

Further, the central government and even the Hon’ble Courts of India have clarified this: that the Aadhaar card is used as proof of an individual’s identity; it is not proof of citizenship in any way.

PROOF OF CITIZENSHIP IN INDIA

To establish Indian citizenship, certain official documents are recognized as valid proof. These documents help confirm an individual’s legal status as a citizen of India under the provisions of the Citizenship Act, 1955 and other applicable laws. Below are some key documents accepted for this purpose:

1) Birth Certificate

A birth certificate issued by a municipal authority or any other government authorized body is one of the primary documents used to prove citizenship by birth. To qualify, the certificate must clearly state that the individual was born in India on or after January 26, 1950. This date is significant as it marks the commencement of the Indian Constitution. The certificate should bear official stamps, registration numbers, and the name of the issuing authority.

2) Indian Passport

An Indian passport is considered a strong and credible document to establish Indian citizenship. Since passports are issued exclusively to Indian citizens by the Ministry of External Affairs, possession of a valid Indian passport indicates that the holder is officially recognized as a citizen by the Government of India. It serves as both identity and nationality proof in domestic and international contexts.

3) Citizenship Certificate

This certificate is issued by the Ministry of Home Affairs to individuals who have acquired Indian citizenship through registration or naturalization, as specified under the Citizenship Act, 1955. It is a legal and official record of one’s citizenship status and is considered conclusive evidence of Indian nationality in all legal and administrative matters.

4) Domicile Certificate

A domicile certificate certifies that a person resides in a particular state or union territory and has been a permanent resident there for a specified period. While it supports a claim of long-term residence, a domicile certificate alone is not sufficient to establish citizenship. It must be presented alongside other relevant documents, such as a birth certificate or passport, to conclusively prove Indian citizenship.

CONCLUSION

While documents like the Aadhaar card, ration card, and EPIC (voter ID) serve as important identifiers for accessing various public services, they do not establish citizenship under Indian law. As affirmed by the Supreme Court and outlined in Section 9 of the Aadhaar Act, Aadhaar is not proof of citizenship or domicile.

To conclusively prove Indian citizenship, individuals must rely on legally recognized documents such as a birth certificate, Indian passport, or a citizenship certificate issued under the Citizenship Act, 1955. A domicile certificate may support a claim but is not sufficient on its own.

In matters concerning electoral rolls and eligibility to vote, establishing clear proof of citizenship is crucial. The Election Commission’s cautious approach in verifying citizenship status rather than accepting Aadhaar at face value is consistent with legal provisions and aimed at preserving the integrity of the electoral process.

Link to similar articles: https://jpassociates.co.in/understanding-the-citizenship-amendment-act-2019-caa/