Introduction:

A recent plea before the Calcutta High Court challenges the Constitutional validity of Section 28A of the Aadhaar Act in response to the sudden deactivation of Aadhaar cards for certain citizens. The division bench, comprising Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya, heard the plea, highlighting concerns over the unnotified deactivations and asserting that Aadhaar has become an integral part of citizens’ lives.

Arguments:

The petitioners, represented by a forum against the National Register of Citizens (NRC), argued that residents experienced abrupt Aadhaar card deactivations without prior notice. They pointed out communication from the Chief Minister’s office to the Prime Minister’s Office addressing the issue. The petitioners contended that Section 28A of the Aadhaar Act, pertaining to ‘foreigners’ under the Passports Act, granted excessive power to authorities for Aadhaar deactivation. Notably, another bench had previously stayed automatic Aadhaar card deactivations.

Additional Solicitor General Ashoke Chakrabarti noted that the challenge to Section 28A necessitated involving the Attorney General. He highlighted a related matter concerning Bangladeshi nationals acquiring Aadhaar cards without authorization. The petitioners emphasized the absence of Section 28A in the 2016 Aadhaar regulations, raising questions about its later inclusion in 2023.

Court’s Judgement:

The bench directed effective service to the Attorney General and scheduled the matter for a hearing on March 21, 2024. The court acknowledged the constitutional and arbitrary concerns raised by the petitioners, signaling a crucial examination of Section 28A’s compatibility with citizens’ rights and due process.