Does NRIs eligible to hold Aadhar Card

Does NRIs eligible to hold Aadhar Card ? This is the most common question that I receive from most of the NRIs.

Millions of NRIs living across the globe do not need to bother about their Aadhaar card as Aadhar catd is not applicable to NRIs, as confirmed by top Indian official.

“According to Aadhar Act, only residents of India are entitled to get an Aadhaar card number. NRIs cannot get an Aadhaar because they are not entitled to get it,” Dr Ajay Bhushan Pandey, CEO of Unique Identification Authority of India (UIDAI), confirmed.

The authority is responsible for the processes of enrolment and authentication of data with all the bio-metric criteria met, for India’s only reliable  unique identification system  Aadhaar and the authority is accountable for maintaining India’s largest Central Identities Data Repository.

Mr.Pandey was referring to Section 3.1 of the Aadhaar Act 2016, which says that only a resident of India shall be entitled to obtain an Aadhaar card number.Although the act does not specifically and explicitly exempt NRIs from the enrolment, the official was referring to the fact that an Indian would be treated as non-resident if he or she did not stay for at least 182 days in India in the preceding year as per other relevant laws, including Income Tax Act. As the Aadhaar act or any government notifications or orders never specifically exempted NRIs from Aadhaar enrolment, there was a widespread impression that NRIs also had to get the card.

As confirmed by one of the well known news channel recently , Indian expatriates had expressed their concerns about the latest move by the Indian government to make Aadhaar card mandatory for accessing several services and transactions. When News channel took up these concerns with the Indian embassy and the Indian ministry of external affairs in New Delhi, they said they were awaiting clarifications from New Delhi in this regard.

Mr Pandey explained that the authority was not supposed to issue Aadhaar card to NRIs. “They [NRIs] cannot get a [Aadhar card]. While applying for Aadhaar card, he explained, Indians have to make a declaration in the application stating that he/she is a resident (not an NRI).

The declaration reads: “I confirm that I have been residing in India for at least 182 days in the preceding 12 months.”

However, when it was pointed out that NRIs have already obtained the card, Mr Pandey said: “The legal position is that they were not supposed to apply for the card. [Moreover] they have given a declaration that they have stayed in India for 182 days in the preceding year.”

Asked whether Indian expatriates would face any legal action for “illegally obtaining the card”, he said : “I am not sure. But technically there is a violation; they should not have taken it,” Dr Pandey said.

Pressed for an answer on whether the authority would initiative any legal action, he said: “I will have to see on what circumstances NRIs obtained the card.”

Asked whether those NRIs should cancel their cards to be on the safe side of the law, he said there was no provision to cancel Aadhar card. “Once generated, Aadhar number will exist forever.”

The CEO made it clear that NRIs need not worry about access being denied to government services for not having Aadhar card. It is the responsibility of the relevant departments to give exemption to NRIs in this regard, he added.

The departments can get a declaration from the NRI that, being an NRI, he or she is not eligible for Aadhar card.

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