The Meghalaya High Court on Monday said that Aadhaar card cannot be the sole document for identification for accessing government benefits
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SHILLONG — The Meghalaya High Court on Monday said that Aadhaar card cannot be the sole document for identification for accessing government benefits, and issued an interim order directing the administration to accept alternative ID from individuals who are unable or unwilling to produce Aadhaar number.
A division bench comprising Chief Justice IP Mukerji and Justice W Diengdoh said the government should accept other valid documents like PAN card, voter ID or passport if Aadhaar is unavailable.
The court clarified that non-possession of an Aadhaar number would not be a disqualification for availing benefits under schemes such as the Fee Compensation for Post Matric Scholarship for SC/ST students (Free Studentship) and financial assistance for SC/ST students not eligible for other scholarships.
The interim direction came in response to a public interest litigation (PIL) filed by social activist Greneth M Sangma, challenging a state government notification dated October 31, 2023.
The notification had made Aadhaar mandatory for accessing government benefits.
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A division bench observed that the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, does not mandate Aadhaar as the only form of identification for accessing government schemes.
"Section 7 of the Act provides that... if an Aadhaar number is not assigned to an individual, the individual shall be offered alternate and viable means of identification for delivery of the subsidy, benefit or service," the court noted.
The bench clarified that while the state may request Aadhaar for "speedy identification," it must also accept other valid documents such as PAN card, voter ID, or passport if Aadhaar is unavailable.
"In that event, non-possession of an Aadhaar number or card would not be a disqualification," the bench stated.
The court also pointed out that the Aadhaar Act refers to "residents" and not necessarily "citizens," and defines a resident as someone who has lived in India for at least 182 days in the preceding 12 months.
The matter will next be heard on August 12, 2025, when the court will consider the Aadhaar Act in detail, along with relevant rules, regulations, and apex court judgments.