High Court denies Aadhar as proof of citizenship

Calcutta High Court: While deciding a case where it was contended by the petitioner that Aadhar card was proof of his citizenship, the Single Bench of Joymalya Bagchi, J. held that in accordance with Section 9 of the Aadhar Act, the Aadhaar card by itself shall not confer any right of  proof of citizenship or domicile in respect of the holder thereto.

It was submitted by the petioner that aadhar card was submitted to him in view of his long residence in the country. It was argued by the State that relying on the provisions of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016  issuance of aadhar card cannot be treated as a proof of citizenship . The Court reaffirming the State’s view held that under Section 9 of said Act,  Adhaar Card by itself shall not confer any right of citizenship to petitioner.

Apart from this the petitioner also placed reliance of his claim of his citizenship on the residence certificate issued by a representative of a local body. The Court also did away with this claim by holding the letter issued by the representative of the local body as to the residence of the petitioner also does not, ipso facto, confer citizenship on the petitioner. [In Re, Rani Mistri, 2016 SCC OnLine Cal 8283, decided on 30.11.2016]

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