Previous Year Question
Consider the following statements.
Aadhaar card can be used as a proof of citizenship or domicile.
Once issued, Aadhaar card cannot be deactivated or omitted by the issuing authority.
Which of the statement(s) given above is/are correct?
Only 1
Only 2
Both 1 and 2
Neither 1 nor 2
Correct Answer: D
Detailed Solution
Statement 1 is incorrect. Section 9 of the Aadhaar Act, 2016 expressly provides that an Aadhaar number or its authentication shall not, by itself, confer any right of citizenship or domicile, nor constitute proof of citizenship or domicile.
Aadhaar is primarily a twelve-digit unique identification number used to establish identity. It may be accepted as proof of identity or address in accordance with applicable rules, but it does not prove Indian citizenship.
The essential distinction is:
Eligibility for Aadhaar is based on statutory residence-related conditions, not citizenship.
Eligible non-citizens or Non-Resident Indians may also obtain Aadhaar after satisfying the applicable legal conditions.
Citizenship is determined under the Citizenship Act, 1955 and the rules framed under it.
Domicile is a separate legal concept and is not automatically established by an Aadhaar number.
Statement 2 is incorrect. UIDAI possesses the power to deactivate an Aadhaar number or omit it from its records under specified circumstances. The Aadhaar (Enrolment and Update) Regulations prescribe the applicable procedure.
Circumstances relating to deactivation or omission may include:
More than one Aadhaar number being issued to the same person.
Enrolment conducted without compliance with the prescribed process or documents.
Serious defects or anomalies in enrolment or biometric data.
Failure to complete the prescribed biometric update at the relevant age for a child.
A determination after inquiry that the process through which the Aadhaar number was issued was invalid.
Deactivation and omission are not identical. A deactivated number may be reactivated after the required correction, update or verification, whereas omission may involve cancellation in more serious cases. The regulations also provide procedures relating to notice, inquiry and grievance redressal.