Making correction to Aadhaar a fundamental right; must be accessible at local level: Madras High Court

The Madurai Bench of the Madras High Court has ruled that the right to correct errors in Aadhaar data is both a statutory and fundamental right, and that the Unique Identification Authority of India (UIDAI) must ensure that citizens can exercise this right without hardship. [Pushpam v. UIDAI].Justice GR Swaminathan held that the right to receive benefits through Aadhaar carries with it the fundamental right to correct its details.“When the right to receive benefits is a fundamental right and Aadhaar card is a mandatory vehicle through which the benefit can be received, the card holder has the concomitant fundamental right to seek alteration,” the judge observed.It added that the UIDAI must build the necessary infrastructure to make Aadhaar correction facilities accessible..The Court made the observation while allowing a writ petition filed by P Pushpam, a 74-year-old widow from Paramakudi, whose family pension was delayed because her Aadhaar card recorded her name as “Pushbam” and her date of birth incorrectly.Pushpam’s husband, an ex-serviceman who had served the Indian Army for 21 years, passed away in May 2025. When she applied for transfer of pension, the Defence Accounts Department refused to process it because her Aadhaar details did not match the pension records. Her repeated attempts to make corrections through e-Sevai and postal centres failed, compelling her to move the High Court..Referring to Section 31 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, the Court held that although the provision uses the word “may,” the UIDAI’s obligation becomes mandatory once it is satisfied that the information provided is accurate.Justice Swaminathan held that the duty to correct errors is integral to the statutory framework, and that the Authority’s role is to ensure that every Aadhaar card contains correct demographic information.“The whole purpose of Section 31 is to ensure that one’s Aadhaar card contains the correct details,” the judge said, adding that Aadhaar had become an indispensable identity document and that citizens could be deprived of benefits and services for want of accurate information..The Court also noted that only one Aadhaar Seva Kendra (ASK) serves all southern districts of Tamil Nadu, causing hardships to citizens. Observing that elderly and vulnerable applicants often stand in long queues at the Madurai ASK, the judge called for decentralised Aadhaar update services and local-level correction facilities.Quoting a 2025 The Wire article titled Queues, Rejections, Ambiguity: The Daily Trials of Wanting a Working Aadhaar, the Court endorsed the recommendation to empower local centres to carry out basic updates.“Physical accessibility is the issue flagged in this petition. The facility to alter demographic information must be available at the local level,” the Court observed..While noting UIDAI’s proposal to set up 28 new Aadhaar Seva Kendras in Tamil Nadu by March 2026, the Court held that the petitioner could not wait that long. It directed the Madurai ASK to correct her Aadhaar details immediately on production of the order and instructed the Defence Accounts Department to transfer her pension expeditiously thereafter..Pushpam was represented by Advocate N Kamesh.UIDAI was represented by Advocate Gnanamuthu..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.