Supreme Court Issues Notice On PIL Seeking To Restrict Aadhaar Use To Identity Proof Alone
Supreme Court issued notice on a PIL seeking to restrict the use of Aadhaar strictly as an identity proof and clubbed it with a connected matter already pending before it
The Supreme Court on Tuesday issued notice on a Public Interest Litigation (PIL) seeking directions to restrict the use of Aadhaar strictly as proof of identity, observing that the matter bears similarity to a case already pending before it.
The Bench of Chief Justice of India (CJI) Surya Kant and Justice V. Mohana was hearing a petition filed by Advocate Ashwini Kumar Upadhyay, who appeared in person.
The PIL filed through AoR Ashwini Kumar Dubey contends that Aadhaar is increasingly being used across multiple administrative and electoral processes in a manner that exceeds the limits prescribed under law. It argues that Section 9 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, along with notifications issued by the Unique Identification Authority of India (UIDAI), makes it clear that Aadhaar is not proof of citizenship, domicile, address or date of birth.
When the matter was taken up, Upadhyay submitted before the Court that it was a matter of considerable importance.
"It is a very important matter," he told the Bench.
Taking note of the plea, CJI Surya Kant remarked, "Partial Court working days you're not sparing us."
The Bench, however, proceeded to issue notice in the matter.
The Chief Justice further observed that the issues raised in the PIL were substantially similar to another case already pending before the Court.
"This is similar to one of the matters that is already before us," the CJI said.
Upadhyay agreed with the Court's observation.
The Bench then indicated that the petition would be heard along with the connected matter already pending before the Supreme Court.
"We'll put it together as there is connectivity between both the cases," the Chief Justice said.
The PIL seeks judicial directions clarifying the limited legal status of Aadhaar and preventing its use as a document to establish citizenship, residence, domicile or date of birth in administrative and electoral processes, contending that such use is contrary to the Aadhaar Act and UIDAI's own clarifications.
According to the petition, this practice creates a legal inconsistency, as Aadhaar is being relied upon for establishing eligibility criteria such as age and residence, even though UIDAI itself has clarified that it cannot be treated as proof of date of birth or address. The petitioner argues that this leads to a dilution of safeguards intended to ensure that only eligible citizens are enrolled in electoral rolls.
The plea further submits that the existing verification mechanism under Form-6 is inadequate and may allow individuals without proper supporting documents to be included in the electoral database. It argues that this undermines the statutory framework under the Representation of the People Act, 1950, particularly Section 23(4), which permits Aadhaar only for identity verification purposes.
The petition also raises broader constitutional concerns, citing Articles 14, 19, 21, 326, and 327 of the Constitution. It contends that the current system may result in unequal treatment of citizens and non-citizens in electoral participation and could compromise the integrity of the democratic process if identity documents are misapplied as proof of eligibility.
In its prayers, the petitioner has sought a declaration that the use of Aadhaar as proof of date of birth and residence in voter registration forms is unconstitutional, arbitrary, and void. It has also sought directions to the Union government, State authorities, and the Election Commission of India to ensure Aadhaar remains strictly confined to identity verification.
Additionally, the PIL urges the Court to direct a comprehensive overhaul of the verification framework used in electoral processes. It proposes the establishment of a high-powered monitoring committee comprising a retired Supreme Court judge along with cybersecurity and forensic experts to oversee reforms and ensure robust authentication mechanisms.
The petition also calls for stronger digital safeguards, including secure electronic verification systems, to prevent alleged misuse of identity documents and to enhance the reliability of public databases used for electoral and welfare purposes. The PIL states that the objective is to protect the integrity of electoral rolls and ensure that constitutional rights and welfare benefits are extended only to eligible persons under law. It has sought any other directions the Supreme Court may consider appropriate in the interest of justice and constitutional governance.
Case Title: Ashwini Kumar Upadhyay v. Union of India & Ors.
Bench: CJI Surya Kant and Justice V. Mohana
Hearing Date: June 16, 2026