Under the process that is scheduled to unfold between April to September 2020, every individual will be called upon to prove their inclusion in the National Population Register of India, and the UIDAI will continue to hold this information whether the said person qualifies for inclusion or not.

The UIDAI may continue to hold this information, under no specific mandate or authority of law, and in the absence of any legal protection for the use, and storage of this data – in view of the lack of a data protection law in India.

What does Aadhaar mean?

While the question of who can possess an Aadhaar seems to be dealt with much fluidity, what does holding an Aadhaar make one entitled to? And what kind of a relation does the Aadhar holder have with the state? To put it even more simply, what are the additional advantages of possessing an Aadhaar number or card?

This question goes to the essence of the Indian Constitution – the Fundamental Rights. Article 21 states, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” The practical application of Article 21 manifests in the system of subsidised food grain (ration), pension scheme and other similar schemes.

Aadhaar, as per the Act, is voluntary, but if one chooses not to enroll, the repercussion then is to forgo these Fundamental Rights that are guaranteed by virtue of Indian citizenship or by the mere fact of being in India.

Various High Courts have time and again reiterated that Aadhaar is not a proof of citizenship, and in its final judgement, the Supreme Court remained silent on this issue; the Act says that the card may be issued to a resident – being any individual who has resided in India for at least 182 days in the one year period just before the date of application.

This requirement has however been recently relaxed for Non-Resident Indians (NRIs) who possess an Indian passport, and can enroll for an Aadhaar number upon arrival in India, a recent circular by the UIDAI stated.

Could there be any further departure from the objective of the legislation itself, which is stated as furthering a smooth “efficient, transparent, and targeted delivery of subsidies, benefits and services, the expenditure for which is incurred from the Consolidated Fund of India, to individuals residing in India…”?