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GUWAHATI, JULY 22: In a landmark judgment, the Meghalaya High Court on Monday ruled that an Aadhaar card cannot be the only evidence of identity for persons applying for entry into government welfare schemes. The court passed an interim order directing authorities to accept other acceptable modes of identification from persons who are either reluctant or incapable of giving an Aadhaar number.
The bench, which consisted of Chief Justice Indra Prasanna Mukerji and Justice Wanlura Diengdoh, underscored that nobody should be deprived of welfare schemes on the basis of non-production of an Aadhaar card. They clarified that the applicants should be permitted to prove their residence and identity using other officially accepted documents—like a PAN card, voter ID card, or passport—if these are authenticated by the state authorities.
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The court issued the order while hearing a Public Interest Litigation (PIL) submitted by Greneth M. Sangma. The petitioner had objected to a state notification dated October 31, 2023, mandating students applying for fee reimbursement under post-matric scholarships to SC/ST communities—or the financial assistance for SC/ST students not eligible through other schemes—to produce their Aadhaar numbers.
Sangma argued that the notice was against two earlier Supreme Court judgments and broke Section 7 of the Aadhaar Act, 2016, which neither grants permission to state authorities to make Aadhaar compulsory in such situations. He argued that making Aadhaar compulsory in this way was unreasonable and discriminatory.
In support of this stand, the High Court noted that Aadhaar non-possession cannot turn into an obstruction in accessing government assistance. While the state can leverage Aadhaar to simplify identification procedures, it shall also accept other valid documents to achieve the same goal, the court decided.
“Will have to consider the issue in detail at the next date of hearing by going through the Aadhaar Act, applicable regulations and rules, and Supreme Court and other judicial decisions,” the judges said in their order.
The next date of hearing in the case is set for August 12, 2025.
