Overview
The petitioner, Advocate Ashwini Kumar Upadhyay, has moved the Supreme Court (Diary No. 21141/2026) seeking a statutory ceiling that Aadhaar Card be issued only to children up to six years of age. Beyond that age, the petitioner proposes that Aadhaar be obtained from the office of a Sub‑Divisional Magistrate (SDM) or Tehsildar office.
Key Developments
- The PIL impleads the Union of India, all States/UTs and the UIDAI.
- It seeks a direction that Aadhaar be issued only to children, with stringent guidelines for adolescents and adults to curb "infiltrators" obtaining false identities.
- The petitioner demands conspicuous display of penalties for falsifying government documents and a Display Board at CSCs stating that Aadhaar is proof of identity **only**, not of citizenship, address or date of birth.
- Requests that sentences for obtaining fake documents for identity, citizenship, residence and DOB run consecutively, and that applicants sign an undertaking affirming truthfulness of their declarations.
Important Facts Highlighted in the Petition
- UIDAI’s own estimate (as of 31 March 2026) shows 144 crore Aadhaar numbers generated, implying near‑saturation of the citizen pool.
- Section 3 of the Aadhaar Act currently entitles every "resident" to enrol, creating an open‑ended entitlement that the petitioner argues is a loophole.
- Section 109 of the BSA places the burden of proving citizenship on the alleged infiltrator.
- Allegations of large numbers of illegal migrants (e.g., 50,000‑100,000 Burmese/Chinese in Mizoram, 10,000 Pakistanis) using Aadhaar to obtain ration cards, birth certificates, domicile certificates and driving licences.
- Specific risk to tribal populations in the North‑Eastern states, where lack of documentation makes them vulnerable to land encroachment by non‑citizens.
UPSC Relevance
The case touches upon several GS topics: the constitutional and administrative framework of identity verification (GS2), the role of UIDAI and its impact on welfare delivery (GS3), security concerns linked to illegal immigration and electoral integrity (GS2 & GS4), and ethical dimensions of public service accountability (GS4). Understanding the legal provisions—especially Section 3 and Section 109—is essential for answering both static and essay questions.
Way Forward
- Legislative amendment to restrict Aadhaar enrolment to minors (≤6 years) and to introduce a separate verification channel for adults.
- Strengthening UIDAI’s verification protocol, possibly mandating biometric cross‑checks with passport or foreigner registration data.
- Introducing a mandatory affidavit at the point of Aadhaar application, with clear penalties for false declarations.
- Deploying awareness campaigns at CSCs to educate citizens about the limited scope of Aadhaar as identity proof.
- Periodic audit of Aadhaar‑linked welfare disbursements to detect anomalous patterns indicative of infiltration.
These measures aim to balance the utility of Aadhaar in service delivery with the imperative of safeguarding citizenship integrity, a core concern for policymakers and UPSC aspirants alike.