[Aadhaar Regulations] Plea In Calcutta High Court Challenges Constitutional Validity Of Provision Over Sudden Deactivation Of Aadhaar Cards

A plea in Calcutta High Court has challenged the Constitutional validity of Regulation 28A of the Aadhaar Regulations, in light of the sudden deactivation of the Aadhaar Cards of certain citizens.

The plea was heard by a division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya.

It was submitted by the petitioners that there were several affected residents whose Aadhar cards had been deactivated without giving them any notice. It was argued that the Chief Minister's office had written to the PMO flagging the issue as well.

"Aadhar is a behemoth. One cannot be born without Aadhar- as it is required for birth certificates, and one cannot die without Aadhar- you can't be sent to a funeral pyre or get a death certificate. Our lives are connected within the matrix of Aadhaar," it was argued.

Counsel submitted that the petitioners were a forum against NRC (National Register of Citizens) which worked on issues related to cancellation of citizenship, etc.

It was argued that the petitioner had received communications notifying them of these deactivations without notice, making it a serious matter.

It was submitted that it was unconstitutional and arbitrary, as the Regulation deals with 'foreigners' under the Passports Act.

It was submitted that the section gave unbridled power to the authority under the act to decide who was a foreigner to deactivate their Aadhar card.

It was also pointed out that another coordinate bench had stayed such automatic deactivation of Aadhar cards.

ASG Ashoke Chakrabarti submitted that since the prayer in the petition sought to challenge Regulation 28A of the Aadhar Regulations, the Attorney General would have to be served in the matter.

It was argued that the matter pending before the single judge had the issue of certain Bangladeshi nationals unauthorisedly getting Aadhar cards.

Petitioner submitted that Section 28A had not been included in the 2016 Aadhar regulations, but was later included in 2023.

Accordingly, the Bench directed for effective service to be made, and listed the matter for hearing on 21st March 2024.

Case: Forum Against NRC v Union Of India

Case No: WPA(P) 112/2024