Section 7. Proof of Aadhaar number necessary for receipt of certain subsidies, benefits and services, etc. [1]
The Central Government or the State Government, as the case may be, may require an individual to establish his identity for receiving any subsidy, benefit or service where the expenditure is incurred from, or the receipt forms part of—
- the Consolidated Fund of India; or
- the Consolidated Fund of the State [1].
For this purpose, the Government may require the individual to—
- undergo authentication; or
- furnish proof of possession of Aadhaar number; or
- where no Aadhaar number has been assigned, produce proof of application for enrolment.
Proviso
Where an Aadhaar number has not been assigned, the individual shall be offered alternate and viable means of identification for receiving the subsidy, benefit or service.
Important Points
- Aadhaar may be required only for subsidies, benefits or services funded from the Consolidated Fund.
- No eligible person can be denied benefits merely because Aadhaar has not yet been issued.
- Alternative means of identification must always be provided where Aadhaar is unavailable.
Section 8. Authentication of Aadhaar number [2]
(1) Authentication by the Authority
The Authority shall perform authentication of the Aadhaar number submitted by a requesting entity in relation to the individual's demographic or biometric information—
- subject to prescribed conditions;
- on payment of prescribed fees; and
- in the manner specified by regulations.
(2) Duties of the Requesting Entity
A requesting entity shall—
(a) Obtain the consent of the individual or, in the case of a child, the consent of the parent or guardian [2], before collecting identity information for authentication.
(b) Ensure that the identity information collected is used only for submission to the Central Identities Data Repository (CIDR) for authentication.
Proviso [2]
Where authentication fails due to—
- illness;
- injury;
- infirmity because of old age;
- technical reasons; or
- any other reason,
the requesting entity shall provide alternate and viable means of identification.
Important Point: Authentication cannot become a ground for denial of service where it fails due to genuine or technical reasons.
(3) Information to be given before Authentication
The requesting entity shall inform the individual or, in the case of a child, the parent or guardian [2] about—
(a)
The nature of information that may be shared upon authentication.
(b)
The purposes for which the authenticated information may be used.
(c)
Alternatives to submission of identity information.
Important Point: Prior disclosure and informed consent are mandatory before authentication.
(4) Response by the Authority
The Authority shall respond to an authentication request with—
- a positive response;
- a negative response; or
- any other appropriate response,
while sharing only such identity information as permitted under the Act and excluding any core biometric information.
Important Point: Core biometric information is never shared during authentication.
Section 8A. Offline verification of Aadhaar number [3]
(1) Applicability
Every offline verification of an Aadhaar number holder shall be performed in accordance with this section.
(2) Duties of Offline Verification-Seeking Entity
Before performing offline verification, the entity shall—
(a)
Obtain the consent of the individual or, in the case of a child, the parent or guardian.
(b)
Ensure that the demographic information or other information collected is used only for the purpose of offline verification.
(3) Information to be provided
Before offline verification, the entity shall inform the individual or, in the case of a child, the parent or guardian about—
(a)
The nature of information that may be shared.
(b)
The purposes for which such information may be used.
(c)
Any available alternatives to furnishing the requested information.
(4) Restrictions on Offline Verification-Seeking Entity
An offline verification-seeking entity shall not—
(a)
Subject the Aadhaar holder to authentication.
(b)
Collect, use or store—
- Aadhaar number; or
- biometric information.
(c)
Act contrary to any obligation specified under the regulations.
Important Points
- Offline verification is different from authentication.
- An entity conducting offline verification cannot collect or store Aadhaar numbers or biometric information.
- Consent of the individual is mandatory before offline verification.
Section 9. Aadhaar number not evidence of citizenship or domicile, etc.
The Aadhaar number or its authentication shall not, by itself—
- confer any right of citizenship;
- confer any right of domicile; or
- constitute proof of citizenship or domicile.
Important Point: Possession of Aadhaar does not establish Indian citizenship or domicile.
Section 10. Central Identities Data Repository
The Authority may engage one or more entities—
- to establish and maintain the Central Identities Data Repository (CIDR); and
- to perform such other functions as may be specified by regulations.
Important Point: The Authority may appoint specialised entities to manage the Central Identities Data Repository under prescribed regulations.
Footer Notes
[1]
The words "or the Consolidated Fund of the State" were inserted by the Aadhaar and Other Laws (Amendment) Act, 2019 (Act 14 of 2019), Section 7, with effect from 25-07-2019.
[2]
The provisions relating to—
- consent of parent or guardian
- alternate and viable means of identification on authentication failure, and
- related amendments to Section 8,
were inserted by the Aadhaar and Other Laws (Amendment) Act, 2019 (Act 14 of 2019), Section 8, with effect from 25-07-2019.
[3]
Section 8A (Offline verification of Aadhaar number) was inserted by the Aadhaar and Other Laws (Amendment) Act, 2019 (Act 14 of 2019), Section 9, with effect from 25-07-2019.