'Make Aadhaar Fixes Easier': Madras HC Pulls Up UIDAI, Calls for More Aadhaar Centres Across TN

The Madras High Court has held that correcting demographic details in an Aadhaar card is not a matter of discretion but a statutory duty of the Unique Identification Authority of India (UIDAI), reinforcing that every citizen has a fundamental right to accurate identity information essential for accessing welfare and pension benefits.

"I hold that the Authority is duty-bound to make the corrections in the Aadhaar Card on being satisfied that the information set out therein is correct," held the bench of Justice G.R. Swaminathan.

He stressed that "the card holder has the concomitant fundamental right to seek alteration of the demographic information in the card in terms of Section 31 of the Aadhaar Act, 2016.

The bench of Justice G.R. Swaminathan allowed a writ petition filed by 74-year-old P. Pushpam, a widow from Paramakudi in Ramanathapuram district, who was unable to receive her late husband’s army pension due to errors in her Aadhaar card. Her name had been misspelled as “Pushbam,” and her date of birth incorrectly recorded.

Despite multiple attempts to correct the mistakes at the E-Sevai Maiyam, post office, and through a representation to UIDAI’s regional office in Bengaluru, the corrections were not made, compelling her to seek judicial intervention.

Justice Swaminathan noted that under Section 31 of the Aadhaar Act, 2016, an Aadhaar holder has a statutory right to request alteration of incorrect demographic or biometric data. He clarified that the Authority’s use of the word “may” in the provision does not imply discretion.

"The expression 'may' normally has a discretionary connotation. But depending on the context, it can be construed as obligatory also", Justice Swaminathan held.

Relying on the Aadhaar (Enrolment and Update) Regulations, 2016, court observed that the petitioner’s husband’s pension order, which recorded her correct date of birth, was a valid proof for making the amendment.

Court also addressed the larger problem of accessibility, observing that there is only one Aadhaar Seva Kendra (ASK) for all southern districts of Tamil Nadu, located in Madurai. This, the judge noted, caused undue hardship to senior citizens like the petitioner who must travel long distances merely to correct a date of birth.

Referring to a The Wire report on similar Aadhaar difficulties in Jharkhand, the judge endorsed the recommendation for decentralising Aadhaar update services and setting up more centres across districts. When law grants a right, it must also ensure the infrastructure to make that right meaningful, Justice Swaminathan observed, invoking the maxim quando lex aliquid alicui concedit, conceditur et id sine quo res ipsa esse non potest.

Emphasising that Aadhaar correction is integral to the fundamental right to receive welfare benefits under Article 21, the court said that good governance demands easy accessibility to UIDAI services.

It further recorded UIDAI’s statement that 28 new ASKs are proposed to be opened across Tamil Nadu by March 2026 and expressed hope that the plan will be implemented.

Allowing the writ petition, court directed UIDAI to make the necessary correction to the petitioner’s Aadhaar card upon her appearance at the Madurai ASK and instructed the Defence Accounts office in Allahabad to immediately transfer the family pension once the change is effected.

Court concluded that the right to accurate Aadhaar information is intrinsic to the citizen’s dignity and social security, making it “a fundamental right".

Case Title: P.Pushpam vs. The Director, Unique Identification Authority of India (UIDAI) and Another

Order Date: OCtober 17, 2025

Bench: Justice G.R. Swaminathan