The Legal and Practical Implications of Issuing Aadhaar to Non-Citizens – VIPS LAW BLOG
-Tridha Gosain and Kartik Shrivastava
The Aadhaar system has in the recent past been instrumental in the administrative efficiency of India, and it has been a cornerstone of the frame for verification of the identity of countries. While it was initially supposed to give a unique identification number to any resident concerning all their biometric and demographic details, the benefits of Aadhaar have drastically increased. However, the issuance of Aadhaar cards to non-citizens triggers a slew of complex debates that extend to the legal, practical, and ethical dimensions. This article critically considers what such a trajectory entails, in terms of both the legal arguments and public perception, with its wider impact on governance and identity management in India. In doing so, this paper tries to find answers to these issues by suggesting balanced solutions that will lead to a strong and inclusive identity system.
Legal Framework and Judicial Pronouncements
The legal foundation of issuance of Aadhaar to non-citizens is provided at large under the policy framed in the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. As per the said Act, “resident” means an individual who has resided in India for a period or periods amounting to 182 days or more in the twelve months immediately preceding the date of enrollment application. This definition, by its nature, includes non-citizens who meet the residency requirement.
The Supreme Court of India, in the landmark Justice K.S. Puttaswamy (Retd.) vs Union Of India case, upheld the constitutionality of the Aadhaar Act but clarified that Aadhaar is not proof of citizenship. The Court emphasized that Aadhaar is a tool for identity verification and streamlining service delivery, not a document to establish nationality. This judgment became a cornerstone for the present policy stance of the UIDAI regarding the issuance of Aadhaar to non-citizens.
Ongoing Debate regarding the issuance of Adhaar Card to Non-Citizens
Administrative Efficiency vs. Security Concerns
Administrative Efficiency and Integration Administrative effectiveness is one of the strongest arguments for issuing Aadhaar to non-citizens. Rationalization of several service operations, in conforming to KYC norms for opening a bank account, obtaining a mobile connection, or government service benefits, by using Aadhaar—one single identification tool eases these several processes to a great extent for the legal non-citizens residing in India by guaranteeing that he would be able to get assimilated into the socio-economic fabric of the country with ease. The benefits of such a single identification system are enormous. This reduces a lot of burden from the bureaucratic point of view and makes the delivery of public services hassle-free. Inclusion of all persons, regardless of their citizenship, in the Aadhaar system allows the government to check that no resident, regardless of their nationality, remains invisible at a distance from the benefits of services that are required. It is the creation of a more homogeneous society within which all legitimate members, either students, salaried workers, or refugees, can contribute to the economy and community maximally.
On the other side of the argument, there are significant security and privacy concerns when it comes to extending Aadhaar to non-citizens. This would have permitted misuse of these applications for the attraction of government subsidies and other benefits offered to Indian citizens. Significantly, identity fraud and unauthorized access to a massive volume of highly sensitive personal information may be misused, a major risk in light of the serious problems that India is facing concerning data protection and privacy. privacy. privacy. Furthermore, in India, this is further exposed in an environment of abysmally weak data protection laws. In the absence of tougher safeguards, the personal information of millions of Aadhaar holders can be open to breaches that subsequently risk misuse by unauthorized entities. Furthermore, the inclusion of non-citizens into the Aadhaar system connotes monitoring and tracking of foreign nationals, nationals, and nationals, who are liable in most cases to issues of privacy and data use and use and use and misuse by state and non-state actors.
Citizenship confusion vs. legal and ethical justifications
Aadhaar to non-citizens is justified in the sense that the Aadhaar Act legitimizes the whole process. The broad definition of a resident in the Act addresses non-citizens who have entered and stayed in India legally for the required period. Moreover, numerous international practices are validating the issuance of identification to long-term residents regardless of their citizenship. For instance, in the USA, Social Security Numbers are issued to its citizens and such eligible non-citizens for access to their services and the underlying legal solicitation, without a need to have them seek citizenship. Issuing Aadhaar to non-citizens is in line with international adequacy and practice. It ensures that every person residing in this country, irrespective of his citizenship status, has the right to be an integral part of any economic or social activity. This very exercise reiterates the principles of the system since it stands on morals and ethics to give equal rights to every entity residing in the country, except the status of citizenship, to cater to their needs and be in compliance with a layman’s standard of living.
However, a general increasing concern is that the process of issuing Aadhaar to non-citizens would increase porosity in the boundary between the citizen and the place of legal domicile, leading to confusion among the people. Such confusion is likely to cause non-citizens to be inadvertently bestowed with rights and benefits meant for citizens. In addition, in a politically fragile environment where issues of citizenry and national identity are highly contentious, such practices may only add salt to social tensions resulting in the resulting trust deficit. Blurred demarcations between citizenship and residency can yield far-reaching consequences. It would sometimes be through this that non-citizens are able to cheat the system for undue benefits. The confusion would also breed xenophobic sentiments and social unrest if it were to be abused, since other citizens may have developed the attitude that it avails opportunities and resources meant for them from the state’s coffers to non-citizens.
The Calcutta High Court’s Perspective
The Calcutta High Court recently addressed the controversy in a case brought by the ‘Joint Forum Against NRC,’ which challenged the deactivation and reactivation of several Aadhaar cards in West Bengal. The petitioners argued that the arbitrary control exercised by UIDAI over Aadhaar cards, particularly concerning non-citizens, lacked transparency and constitutional validity. They questioned the legitimacy of Regulations 28A and 29 of the Aadhaar Rules, which allow UIDAI to deactivate Aadhaar cards for foreigners .
UIDAI defended its stance by asserting that Aadhaar is not tied to citizenship but is an identity proof tool to ensure efficient service delivery. Senior Counsel Laxmi Gupta argued that the petitioners, being an unregistered organization, lacked the standing to challenge the regulations. The Additional Solicitor General Ashok Kumar Chakrabarti further argued that the petition undermined India’s sovereignty by potentially supporting non-citizens, including undocumented migrants.
Policy Recommendations
A Balanced Approach and Improved verification processes
A multi-tiered verification at the time of application for Aadhaar, especially by non-citizens, must be taken up in a way that improves security with inclusiveness. The process would include different levels of scanning, such as: Primary Verification: Basic verification of identity by producing documents like passports, visas, and residence permits, ensuring applicants have entered India at least legally; Secondary Verification: Matching with immigration and law-enforcing data to ensure that there is no error or fraud. This would help to identify anomalies and bar fraudulent applications; Tertiary Verification: Proper background check of the applicants from countries that are more prone to illegal migration into India. This may also involve international cooperation and detailed documentation.
Learning from International Practices
There are quite several countries where systems, put in place for non-citizens to apply for identification, at least appear quite efficient. For example, documentation required from non-citizens and the verification process in the United States are such that one can only be issued with an SSN after a hassle is purported. The United Kingdom has similar requirements, whereby non-citizens must conduct identity verification interviews and deliver very brief documents to be issued with a National Insurance Number (NIN). Such practices help reduce the risks of fraud and misuse, as only individuals legally entitled to a number can get one.
Conclusion
Issuing Aadhaar to non-citizens is a tightrope walk between inclusivity and security. Drawing from top-notch identification systems in the world, India will ensure that Aadhaar remains one of the most robust and reliable systems. Equally important to maintain would be a balance between the implementation of a multi-tiered verification mechanism, regular audits, and the strengthening of data protection measures. This will help in maintaining the integrity of the Aadhaar system while ensuring it remains an effective system for identification verification and service delivery.
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The authors are fourth year BALLB students at Dharmashastra National Law University, Jabalpur.
