The Unique Identification Authority of India (UIDAI) informed the Calcutta High Court that the issuance of Aadhaar cards is unrelated to citizenship. The UIDAI stated that even non-residents who have legally entered India are eligible to receive Aadhaar cards upon application.

These statements were presented before a division bench comprising Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya. They were hearing a petition filed by the 'Joint Forum Against NRC,' which raised concerns over the abrupt deactivation and subsequent reactivation of several Aadhaar cards in West Bengal.

The petitioners contested the constitutional validity of Regulations 28A and 29 of the Aadhaar Rules, which granted extensive authority to the UIDAI to determine the status of individuals as foreigners and subsequently deactivate their Aadhaar cards.

Senior Counsel for the UIDAI, Laxmi Gupta, began her arguments by questioning the standing of the petitioners, labeling them an 'unregistered organization' and asserting that their petition lacked maintainability. She emphasized that Aadhaar cards were unrelated to citizenship status and clarified that even non-citizens could obtain Aadhaar cards temporarily to access government subsidies.

It was argued that the petition would also not be maintainable because it advocated for the rights of non-citizens, specifically Bangladeshi nationals.

Additional Solicitor General Ashok Kumar Chakrabarti, representing the Union, argued that the petition was not maintainable because it did not challenge Section 54 of the Aadhaar Act, from which the regulations in question derived. He further contended that challenging such regulations could be perceived as an affront to the sovereignty of the country, as they were enacted under an 'act of sovereign.'

Accordingly, the Court heard the matter in part and listed it for further hearing at a later date.

Case: Forum Against NRC v Union Of India

Case No: WPA(P) 112/2024