The Supreme Court has issued notice in a Writ Petition filed under Article 32 of the Constitution of India, alleging that Aadhaar numbers are not being issued to 27 lakh people in Assam whose names don't appear in the National Register of Citizens (NRC).

While issuing notice, the Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra on May 17 said, "Tag with Writ Petition (Civil) No. 1361 of 2021." The earlier matter was filed by TMC MP Sushmita Dev seeking Aadhaar numbers for persons included in the NRC.

Senior Advocate Menaka Guruswamy appeared for the Petitioner. The Petition filed through Advocate on Record (AoR) Anando Mukherjee contends that nearly 27 lakh people are being denied their Aadhaar numbers due to the non-sharing of NRC data with the Unique Identification Authority of India (UIDAI), despite the completion of the NRC process in 2019.

The plea argues that the delay in notifying the NRC list by the Registrar General of India has led to the withholding of biometric data, citing a Statement of Purpose/Modalities for disposal of claims and objections approved by the court in 2018. It highlights that while the grant of Aadhaar numbers is not proof of citizenship, there is no reasonable nexus to restrict Aadhaar issuance based on the NRC status.

The plea also underscores that the Registrar General of India's powers are limited to issuing National Identity Cards under the Citizenship (Registration of Citizens and Issue of National Identity Cards) Rules, 2003, without authority to restrict Aadhaar issuance. Moreover, it contends that the current SOP restricts Aadhaar issuance to NRC applicants, thereby depriving individuals not listed in the NRC of essential benefits and entitlements.

It further emphasizes the dire consequences faced by those without Aadhaar numbers, including barriers to accessing state-sponsored schemes, subsidies, and benefits crucial for livelihood and sustenance. It points out that the inability to obtain an Aadhaar number hampers educational access, employment opportunities, and essential services such as PAN card applications, ration card issuance, and bank account openings, infringing upon fundamental rights enshrined in Articles 19 and 21 of the Constitution.

"Non release of biometric data to UIDAI is arbitrary exercise of power and violates Article 14 of the Constitution of India, as there exists no legal nexus for withholding the biometric for the grant of Aadhaar, merely due to non-notification of the NRC," the plea reads.

It states that the State Government, NRC Coordinator and the Registrar General of India are defeating the letter and spirit of the SOP approved by the Supreme Court and other courts. "There exists no law which bars the grant of Aadhar Number to persons whose names don’t appear in the Final NRC List dated 31.08.2019 and therefor such an act is not sanctioned by law," the plea states.

Furthermore, the Petition notes that not only are individuals excluded from the NRC denied Aadhaar cards, but even those included in the list face hurdles in obtaining Aadhaar numbers. This systemic denial deprives individuals of their rights and impedes their access to basic necessities and welfare schemes essential for a dignified quality of life.

The Writ Petition seeks redressal for the discriminatory withholding of Aadhaar issuance based on NRC status, highlighting the urgent need to ensure equitable access to essential services and entitlements for all individuals, regardless of their inclusion or exclusion in the NRC list.

Cause Title: Sahil Mahmud and Ors. v. Union of India and Ors. [W.P. (C) No. 000314 - 2024]

Appearance:-

Petitioner: Senior Advocate Menaka Guruswamy, Advocate Anando Mukherjee (AOR), Shwetank Singh, Lavkesh Bhambhani, Utkarsh Pratap, Suvangana Agarwal,

Click here to read/download the Order


Chief Justice DY ChandrachudJustice JB PardiwalaJustice Manoj MisraAadhaar

Sukriti Mishra