Section 3. Aadhaar number [1]
(1) Entitlement to Aadhaar Number
Every resident shall be entitled to obtain an Aadhaar number by submitting—
- Demographic information, and
- Biometric information
through the prescribed process of enrolment.
Proviso
The Central Government may, from time to time, notify such other categories of individuals who may also be entitled to obtain an Aadhaar number.
Important Point: Every resident has a statutory right to obtain an Aadhaar number. The Central Government may extend this entitlement to other categories of individuals by notification.
(2) Information to be provided during enrolment
At the time of enrolment, the enrolling agency shall inform the individual about—
(a) The manner in which the information will be used.
(b) The nature of recipients with whom the information is intended to be shared during authentication.
(c) The individual's right to access information, including—
- the procedure for making such requests; and
- the details of the person or department responsible for receiving such requests.
Important Point: Transparency during enrolment is mandatory. Every applicant must be informed about the use and sharing of their information.
(3) Issue of Aadhaar Number
After verifying the demographic and biometric information received under sub-section (1), the Authority shall issue an Aadhaar number in the manner specified by regulations.
Important Point: Verification by the Authority is mandatory before issuing an Aadhaar number.
(4) Twelve-digit Aadhaar Number and Virtual Identity [1]
The Aadhaar number issued under sub-section (3)—
- shall be a twelve-digit identification number; and
- shall include an alternative virtual identity generated by the Authority as an alternative to the actual Aadhaar number, in such manner as may be specified by regulations.
Important Point: Virtual ID serves as an alternative to the actual Aadhaar number for enhanced privacy.
Section 3A. Aadhaar number of children [2]
(1) Consent of Parent or Guardian
At the time of enrolment of a child, the enrolling agency shall—
- obtain the consent of the parent or guardian; and
- inform the parent or guardian of the matters specified under Section 3(2).
Important Point: Parental or guardian consent is mandatory for enrolment of a child.
(2) Right to Cancellation
A child holding an Aadhaar number may, within six months after attaining eighteen years of age, apply to the Authority for cancellation of the Aadhaar number.
The Authority shall cancel the Aadhaar number in the manner specified by regulations.
Important Point: A child has a statutory right to cancel his or her Aadhaar within six months of attaining majority.
(3) No Denial of Benefits
Notwithstanding anything contained in Section 7, a child shall not be denied any subsidy, benefit or service—
- for failure to establish identity through authentication;
- for failure to furnish proof of possession of Aadhaar number; or
- where no Aadhaar number has been assigned, upon producing proof of enrolment.
Important Point: No child can be denied any subsidy, benefit or service solely due to Aadhaar-related issues.
Section 4. Properties of Aadhaar number [3]
(1) Unique Number
An Aadhaar number issued to an individual shall not be reassigned to any other individual.
Important Point: Every Aadhaar number is permanently unique.
(2) Random Number
An Aadhaar number shall—
- be a random number; and
- bear no relation to the attributes or identity of the Aadhaar number holder.
Important Point: The Aadhaar number itself contains no personal information.
(3) Voluntary Use of Aadhaar [3]
Every Aadhaar number holder may voluntarily establish identity—
- through authentication;
- through offline verification; or
- in such other form as may be notified,
using Aadhaar in physical or electronic form.
Explanation
Voluntary use by authentication means use of Aadhaar only with the informed consent of the Aadhaar number holder.
Important Point: Use of Aadhaar for authentication is voluntary and requires informed consent unless otherwise mandated by law.
(4) Entities permitted to perform authentication
An entity may perform authentication only if the Authority is satisfied that it—
(a) Complies with prescribed standards of privacy and security.
(b) Either—
- is permitted to offer authentication services under any law made by Parliament; or
- seeks authentication for purposes prescribed by the Central Government, in consultation with the Authority, in the interest of the State.
(5) Use of Virtual Identity
The Authority may determine by regulations whether a requesting entity may use—
- the actual Aadhaar number; or
- only the alternative virtual identity.
(6) Alternative Means of Identification
Every requesting entity shall—
- inform the Aadhaar holder about alternate and viable means of identification; and
- shall not deny any service merely because the individual refuses or is unable to undergo authentication.
Important Point: No person can be denied service solely because Aadhaar authentication is refused or fails, where alternative identification is available.
(7) Mandatory Authentication
Mandatory authentication may be required only where such authentication is required by a law made by Parliament.
Important Point: Mandatory Aadhaar authentication cannot be imposed except by Parliamentary law.
Section 5. Special measures for issuance of Aadhaar number
The Authority shall take special measures for issuing Aadhaar numbers to—
- women;
- children;
- senior citizens;
- persons with disabilities;
- unskilled workers;
- unorganised workers;
- nomadic tribes;
- persons without any permanent dwelling house; and
- such other categories of individuals as may be specified by regulations.
Important Point: The Act provides inclusive enrolment for vulnerable and disadvantaged groups.
Section 6. Update of certain information
The Authority may require Aadhaar number holders to update—
- demographic information; and
- biometric information,
from time to time in the manner specified by regulations to ensure the continued accuracy of information maintained in the Central Identities Data Repository (CIDR).
Important Point: Updating Aadhaar information helps maintain the accuracy and integrity of the Central Identities Data Repository.
Footer Notes
[1] Inserted by the Aadhaar and Other Laws (Amendment) Act, 2019 (Act 14 of 2019), Section 4, with effect from 25-07-2019.
[2] Inserted by the Aadhaar and Other Laws (Amendment) Act, 2019 (Act 14 of 2019), Section 5, with effect from 25-07-2019.
[3] Sub-section (3) of Section 4 was substituted by the Aadhaar and Other Laws (Amendment) Act, 2019 (Act 14 of 2019), Section 6, with effect from 25-07-2019.