Aadhaar, PAN, Not Proof of Citizenship: Bombay High Court
Aadhaar, PAN, Not Proof of Citizenship: Bombay High Court
Citizenship must be independently verified, not assumed from ID cards.
In a significant ruling on August 12, the Bombay High Court has said that having documents such as an Aadhaar card, PAN card or voter ID does not automatically make a person a citizen of India. Hearing petitions linked to the Special Summary Revision of electoral rolls in Bihar, the court upheld the Election Commission of India’s (ECI) position that Aadhaar is not conclusive proof of citizenship.
Justice Surya Kant, addressing senior advocate Kapil Sibal, said:
“The EC is correct in saying Aadhaar cannot be accepted as conclusive proof of citizenship. It has to be verified.”
The bench noted that the key legal question is whether the ECI has the authority to conduct citizenship verification. If it does, the court said, it can insist on supporting documents beyond Aadhaar.
Proof of Identity vs Proof of Citizenship:
- Proof of Identity: Confirms a person is who they claim to be (e.g., Aadhaar, PAN, Driving Licence).
- Proof of Citizenship: Establishes legal nationality under the Citizenship Act, 1955 (e.g., Indian Passport, Birth Certificate, Voter ID issued after due verification).
Why Aadhaar Falls Short:
Aadhaar, introduced in 2010 to provide a universal identity to all residents, is based on biometric verification, but it does not confirm nationality. Even foreign nationals residing in India can obtain it.
Documents Recognised for Citizenship Verification:
- Indian Passport
- Birth Certificate
- Verified Voter ID
The case also touched on illegal immigration, where a Bangladeshi national sought bail. The court denied it, emphasising that merely holding identity cards does not entitle a person to citizenship rights.
