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Is Obtaining An Aadhaar Card Mandatory?

In this article we will discuss whether the Aadhaar card is mandatory or not and the benefits of having an Aadhaar card.

Aadhaar must be linked to PAN by 30 June 2023. Unless it is linked to Aadhaar by the 1 July 2023, PAN will become inoperative.

Introduction

Over the years, the Aadhaar Card has grown to become a very prominent document and identity proof in India. As a result, most people are unsure of whether the government mandates that all Indians must have an Aadhaar card. Furthermore, every year, the government adds a new document to the list of documents to link with Aadhaar. Hence, people always question the need and necessity for Aadhaar. The ambiguity surrounding this with regards to Indian courts have also made it difficult for people to ascertain the need for this identity proof. Several courts have over the years passed judgements both for and against the compulsory issue of the Aadhaar complicating matters. With this article, we hope to simplify the answer for you. Also, put to rest your doubts regarding whether obtaining an Aadhaar card is mandatory or not.

Used as an Identity Proof

Identity documents are essential to everyone as we need them regularly to authenticate our identity. Whether we are travelling by train or plane, or booking a hotel, we need to show our identity card. Various other documents also serve this purpose, including your Voter’s ID, Driving License and PAN card. However, over the years, the Aadhaar has gained prevalence as it also contains your biometric details, making it more full-proof and secure than the rest. 

As a result, the Aadhaar, much like the passport, has become an instrument to prove your legitimacy at almost all private, public and government organizations. Not only does it serve as an identity proof, but it also works as a proof of residence. However, it is a common misconception that the Aadhaar serves as a proof of citizenship, as it does not. This is so because even foreigners who have resided in India for a stipulated time can apply for an Aadhaar card. Furthermore, the government has changed its stance multiple times regarding the compulsory use of Aadhaar to open bank accounts and apply for SIM cards. So, is an Aadhaar mandatory to claim EPF, collect your ration, apply for a PAN card and obtain a gas connection?

Is Having an Aadhaar Mandatory?

A ruling by the Supreme Court a couple of years back has been the clearest indication that the Aadhaar, is in fact, not compulsory or mandatory. As per the ruling, the Apex court stated that the government could not outright refuse essential services to individuals because they do not possess the Aadhaar card. However, the government can make it mandatory to have the Aadhaar for certain services, such as filing IT returns, verifying mobile numbers, applying for PAN and opening new bank accounts.

Also, after several long, drawn-out legal battles, various government schemes and services are making Aadhaar linkage compulsory. The government offices claim that doing so will help them track fund allocation, prevent misuse and stop the forgery and fraud associated with such schemes. As a result, today, most government subsidies and benefit schemes require you to provide your Aadhaar details to authenticate and register yourself. Also, the monetary benefits from such projects get credited into bank accounts linked to the beneficiary’s Aadhaar card.

While India has a population of over 135 crores, almost 1.12 billion Aadhaar numbers have been issued. Therefore, while the Aadhaar has reached a lot of people, every eligible Indian still does not have a card yet. In such cases, these individuals will have to use their PAN card, Passport or Driving License as a proof of identity and address. This is possible mainly if they had applied for these documents before the beginning of the Aadhaar Scheme.

Aadhaar Card Project

The idea of providing every Indian citizen/resident with a unique digital identity had been around for a while. However, the plan materialised in 2006. The Central Government joined hands with the Unique Identification Authority of India to launch a program. This would help provide Indians with a unique social identity. The Aadhaar Card Project came out of a need for such an identity which would help with verification and authentication of identity and residence. The card serves as a photo ID and address proof throughout India, and also contains biometric details which help with online verification and authorisation. 

Why Apply for an Aadhaar Card

Now that you know about what people use the Aadhaar for, and how it came to be, let us take a quick look at several reasons why you should apply for an Aadhaar card.

  1. It serves as a universally accepted photo identity, age and address proof rolled into one
  2. The government has made the Aadhaar mandatory for applying for a subsidy LPG connection, and to avail benefits while booking under the DBT scheme
  3. Applying for national competitive exams conducted by the government, such as JEE, and NEET require the Aadhaar card for registration
  4. As per new laws, to avail subsidy for items such as kerosene through PDS schemes, the individuals will have to furnish their Aadhaar card details
  5. The government has made the Aadhaar card a necessity for pensioners seeking benefits
  6. Applying for a saving bank account now requires you to have a valid Aadhaar card for verification purposes
  7. Most companies have made it mandatory for customers to have an Aadhaar to avail their mobile connectivity and internet plans
  8. The government has also made it mandatory to provide Aadhaar details for registering a death as that allows the UIDAI to deactivate the card associated with that person
  9. The Employee Provident Fund Organisation has also made it mandatory for beneficiaries. The Aadhaar card is required to withdraw from their EPF account
  10. Having an Aadhaar helps fast-track both renewal and applications for new passports
  11. NRIs will need an Aadhaar to open new bank accounts within the country
  12. Aadhaar is not mandatory to register a marriage. However, it is a vital document proof provided at the time of registration. 

Where Is the Aadhaar Card Mandatory?

Here’s a quick look at the places where the Aadhaar is necessary and mandatory;

  1. Limestone and Iron Ore workers require the Aadhaar to avail subsidies on housing
  2. Individuals need the Aadhaar to avail benefits from the supplementary nutrition program
  3. It is necessary to have an Aadhaar if farmers wish to avail crop insurance benefits and obtain subsidised food grains
  4. Individuals planning on undertaking training courses under the Child Development Services commission and the Ministry of Women and Child Development require an Aadhaar
  5. It is mandatory if you wish to avail of the benefits provided by the Grih Kalyan Kendra scheme
  6. Aadhaar is essential to claim financial support under the program of the National Mission for Empowerment of Women
  7. All e-panchayat training programs and central scholarship applications to government colleges will require an Aadhaar card
  8. Both the Soil Health Card and Health Management Scheme require the Aadhaar card for registration
  9. You need an Aadhaar to avail supplementary meals at creches
  10. All Integrated Child Protection and Maternity Benefits schemes mandatorily require the Aadhar card
  11. Women who wish to take advantage of loans, projects and training opportunities provided by the government now need the Aadhaar
  12. The Sarva Shiksha Abhiyan, which offers relief to disabled children within the age group of six and fourteen, has made the Aadhaar mandatory
  13. Money transfer between banks now requires the accounts to be linked to the owner’s Aadhaar card
  14. Victims of the Bhopal gas tragedy need the Aadhar card to avail of compensation schemes from the government
  15. Recently, the government made it mandatory to have your PAN and Aadhar linked to file IT returns.
  16. Any new application for a PAN card will require the applicant to have a valid Aadhaar card.

Conclusion

The government has turned to the Aadhaar for so many services. The reason is, it is one of the most secure document proofs available. Since it also carries the biometric details of individuals, forging it is challenging, leading to a more robust system. As you can see, the government has already made the Aadhaar mandatory for several important schemes and benefits. It also looks like more schemes will be added to this list. This may make it impossible to go without having an Aadhaar for long. Make sure you are eligible for these benefits and schemes by applying for one if you haven’t done so already!

Frequently Asked Questions 

Is an Aadhaar Card Mandatory for every Indian citizen?

Yes, Aadhaar is mandatory for certain government related processes. It serves as a unique identification for various services and benefits.

Is it compulsory to link your bank account with an Aadhaar Card?

Yes, it is compulsory to link your bank account with an Aadhaar Card to comply with government directives and facilitate secure financial transactions.

Can one file IT returns without having an Aadhaar Card?

No, according to Income Tax Rules, a taxpayer cannot file his or her income tax returns without quoting their Aadhar Number

What is the Supreme Court decision on Aadhaar card 2023?

According to the sources, the Supreme Court ruled on Monday, 27 March 2023, that using government vital services does not require having an Aadhaar (UID) number.

What happens if I don't get my Aadhar card?

If you don't receive your Aadhar card, you can track its status online, and if necessary, contact the Aadhaar helpline or visit an Aadhaar Enrollment Centre for assistance.

Is Aadhaar mandatory or voluntary?

Aadhaar is mandatory for some services and voluntary for others. While it is required for government subsidies, it may be optional for certain private transactions, depending on your requirement.

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