Corrections To Aadhaar Fundamental Right; Cannot Be Thwarted By Poor Accessibility And Facilities: Madras High Court

The High Court further stated that when a citizen seeks alteration of incorrect demographic information, the Authority is duty-bound to effect the correction once satisfied about the evidentiary basis, and must ensure physical accessibility of the service at the local level.

The Court was hearing a writ petition filed by a 74-year-old widow seeking correction of spelling errors in her Aadhaar card and the rectification of her date of birth, which had prevented the transfer of her late husband’s defence pension into her name.

A Bench comprising Justice G.R. Swaminathan, while making these observations, remarked: “Alteration of the information in the Aadhaar Card is a statutory function discharged by the Authority. It is a form of service. Every Aadhaar number holder has the fundamental right to obtain the services set out in the Aadhaar regime. Once it is concluded that the statutory right set out in Section 31 of the Act would partake the character of a fundamental right, it becomes the duty of the Authority to put in place the requisite infrastructure and make available all facilities so that the said right can be easily exercised. As already mentioned, when a request for alteration is made, the authority has the duty to carry out the same on being satisfied that the request is well founded.”

Advocate N. Kamesh appeared for the petitioner, while M Gnanagurunathan, Central Government Standing Counsel, appeared for the respondents.

Background

Following the death of the petitioner’s husband, a retired defence personnel, she applied for the transfer of family pension. The request was stalled due to the incorrect spelling of her name and an erroneous date of birth in her Aadhaar records.

She approached the local e-Sevai Maiyam and the post office but was informed that such corrections could be done only at the Aadhaar Seva Kendra, Madurai.

Aggrieved, she approached the Madras High Court, arguing that Aadhaar-linked services, though treated as mandatory for receiving State benefits, were practically inaccessible due to limited update centres.

Court’s Observation

The Madras High Court examined Section 31 of the Aadhaar Act, which allows an Aadhaar holder to seek alteration of demographic or biometric information. It held that while Section 31(3) uses the expression “may”, the context obligates UIDAI to effect corrections after being satisfied with the supporting documents. The object of the provision, the Court said, is to ensure that Aadhaar details remain accurate because Aadhaar affects access to multiple public benefits and services.

Justice Swaminathan noted that the petitioner’s husband’s pension order, recognised as valid proof under the Aadhaar Regulations, clearly reflected her correct date of birth. Once such proof was furnished, the Authority was bound to effect the change.

Crucially, the Court took judicial notice of the lack of accessibility to Aadhaar correction services. It was observed that only one Aadhaar Seva Kendra existed for all southern districts, resulting in long daily queues. The Bench referred to a detailed report published by The Wire highlighting similar difficulties in Jharkhand and the broader inadequacies in Aadhaar updation mechanisms.

The Court emphasised that the Aadhaar system forms the gateway to welfare benefits, including pensions, subsidies and essential services, and therefore the correction process must be practically accessible. Relying on K.S. Puttaswamy, the Court held that the right to receive welfare benefits is a fundamental right grounded in dignity, and Aadhaar, being the mandatory vehicle for this, carries an implied obligation to ensure correction facilities can be easily exercised.

The Bench also invoked the legal maxim “quando lex aliquid alicui concedit, conceditur et id sine quo res ipsa esse non potest”, holding that “a primary obligation encompasses carrying out of incidental and ancillary duties within its fold”.

Conclusion

The Court directed that the petitioner need only appear before the Aadhaar Seva Kendra, Madurai, to have her demographic information corrected on the basis of this order. After the correction, the Defence Accounts authorities were instructed to immediately transfer the family pension to her.

The writ petition was accordingly allowed.

Cause Title: P. Pushpam v. Director, Unique Identification Authority of India & Anr

Appearances

Petitioner: Advocate N. Kamesh

Respondents: M. Gnanagurunathan, Central Government Standing Counsel

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