Aadhar Not Valid Proof of Citizenship

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Rani Mistry v. The State Of West Bengal

SCC Online Cal 8283, Decided On 30.11.2016
FACTS

The Court was considering a bail plea of a person who was booked under Section 14F of the Indian Foreigners Act. The person claimed that she is an Indian Citizen that the issuance of the Aadhaar card was in view of long residence of the petitioner in the country.

ISSUES BEFORE THE COURT

  • new passport rules which were announced by Minister of State for External Affairs VK Singh on December 23 where Aadhar and E-Aadhar with Date of Birth will now be considered as a valid identity proof.( Aadhar not valid proof of citizenship or domicile; News 18/ December 26 2016)
  • Whether a mere holding of an Aadhar card grants citizenship to any person

HELD

The court contended Section 9 of the Aadhar (Targeted Delivery of Financial and other subsidies, Benefits and Services) Act 2016, state that- “9. 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.”

Apart from this the petitioner also placed reliance of his claim of his citizenship on the residence certificate issued by a representative of a local body. The Court also did away with this claim by holding the letter issued by the representative of the local body as to the residence of the petitioner also does not, ipso facto, confer citizenship on the petitioner.( High Court denies Aadhar as proof of citizenship/ Blog.scconline/Dec 28, 2016)

LEARNING OUTCOME

New passport rules have been announced by the Minster of State for External Affairs, where Aadhar and E-Aadhar with date of birth is to be considered as a valid identity proof.Aadhar has been made compulsory for various transaction post demonetization. Aadhar has been made compulsory for Tirupati devotees who go to Tirumala hills on foot. Aadhar is now also mandatory for patients at the Outpatient Department (OPD) at Civil hospital in Gurugram. (Aadhar Card not valid proof of citizenship, rules Calcutta High Court; India.com/ Dec26, 2016) At the same time it has been made clear by the High Court of Calcutta that Aadhar card shall not confer any right of or be proof of citizenship or domicile thereto while rejecting the claim of an accused who claimed to be an Indian citizen.

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