2032 - Chidambaram’s note to PM on UIDAI jurisdiction

Last Updated : 27 Nov 2011 01:11:29PM IST

Home Minister P Chidambaram’s note to Prime Minister Manmohan Singh on UIDAI jurisdiction

No 9/502011- CRD(NPR)

Office of the Home Minister
Ministry of Home Affairs

Subject: Comments of MHA on the convergence between UID and NPR exercises

This is with reference to the note received from the Deputy Chairman Planning Commission entitled “Next steps in rollout of Aadhaar”. I have perused the draft note prepared by the UIDAI and have examined the options suggested by you. My comments are as follows:

The decision to register all citizen and issue identity cards to them precedes the formation of the UIDAI. Legal provisions have also been put in place way back in 2003. The primary role of the UIDAI was clearly laid down as: “Generate and assign UID to residents”. It was a clear understanding that UIDAI would not do any enrolments. The enrolments were to be done only by the Registrar General, India. The UIDAI was allowed to get enrolment of 10 Crore residents done through multiple registrars up to 31st March 2012 by the Ministry of Finance (subject to post facto notification by the CC-UIDAI). This was approved as an interim measure. The convergence between the two schemes beyond 31st March 2012 (or enrolment of 20 Crore persons) is clear – the MHA is to carry out enrolment (biographic and biometrics) and the UIDAI is to carry out de-duplication and issue Aadhaar numbers. The Government has clearly laid down the procedure and the same has been scrupulously implemented by the MHA. The RGI is fully adhering to all the processes and technology prescribed by the UIDA as far as the biometric enrolment is concerned – the software used for the biometric enrolment is supplied by the UIDAI; the biometric devices used in NPR are procured from the OEM certified by the UIDAI; the devices are operated by operators, who are duly enrolled with UIDAI and who have taken the tests, prescribed by them. Thus, as far as biometric enrolment is concerned, the NPR is fully aligned with the UIDAI standards, processes and technology. The MHA has strictly limited itself to the role envisaged and mandated by the Government overlap has not occurred on account of any action of the MHA.

Demographic and biometric data cannot be accepted in NPR if the statutory procedures have not been followed. The RGI or MHA does not have the competence to all procedure or to accept any data that is in violation of the procedures laid down. This is consistent stand of the RGI and the MHA. I would like to recount the salient features of NPR:

• It is mandatory to Register every citizen and issue an identity card as per Section 14A of the Citizenship Act 1955.

• The RGI is designed to act as the National Registration Authority and function as the Registrar General of Citizens Registration as per Section 14 A (3) of the aforesaid Act.

• Section 14A (5) provides that the procedure to be followed shall be as prescribed.

• Power has been given to NRA to issue guidelines under Rule 18 of the Citizenship Rules 2003.

• The Central Government has been given the power to decide a date by which the population Regist3er shall be prepared as per rule 3(4).

• Accordingly, the intention of the Government to prepare a National Population Register was notified on 15th March 2010.

• Guidelines have also been issued for creation of the NPR and derive the NRIC after verification of citizenship status as and when required after obtaining the approval of the Union Cabinet.

• The process to be followed for creation of the NPR has also been laid down in these guidelines.

• Contents of these Registers are to be decided by the Central Government in consultation with the RGCR (Rule 3 (2)).The guidelines as approved by the Government include the collection of 15 items of demographic information and 3 items of biometric information.

The legally prescribed process is being followed without any dilution by the MHA. I have made it clear to you in my previous discussion on 05.09.2011 that it is the prerogative of the Government alone to alter the process. The MHA cannot take any view that is contrary to the process laid down by the Government.
I have noted your suggestion that appropriate changes in the rules can be made in consultation with the AG, which would allow acceptance of UIDAI collected data in the NPR. In this context, I would like to point out that the NPR project has been conceived by the MHA based on its appreciation of the international security situation in the country. The processes of the NPR has been carefully devised after considerable deliberations at the level of an Empowered Group of Ministers, pilot trials, consultations with the States, advice of other ministries (including the Ministry of Law, Planning Commission and UIDAI) and the approval of the competent authority has been obtained after following all processes laid down. The data collected by multiple registrars of the UIDAI does not meet the degree of assurance required under the NPR from the point of view of internal security. Hence, it is not a question of changing the procedure alone, the suitability of the data collected by other registrars of the UIDAI for the NPR in the light of the assurance level required for internal security must also be kept in mind.

The UIDAI process of enrolment is based on production of documents and, in the absence of documents, through an introducer based mechanism. It was due to the fact that document based systems are not feasible in rural areas especially among the poor, illiterate, landless and women, that the NPR process of house-to-house enumeration and capture of biometrics in the presence of enumerators/government officials, social vetting by publication, and placing before the local bodies was conceived. If the UIDAI process is to be introduced in NPR, it would lead to large scale exclusions. The possibility of inclusion of non-usual residents in the local register and the creation of false identity profiles is also real. This would defeat the purpose of the creation of NPR. There are also a number of legal, technical and practical issues that makes it difficult to accept data collected by other registrars.

The suggestion that the NPR exercise may be completed without capturing of biometric data is unacceptable. Biometric data – fingerprint and photograph was a part of the pilot project on MNIC. This was also a part of the coastal NPR project approved by the Government in the aftermath of the Mumbai attacks. The Government has approved the collection of 3 biometrics: 10 fingerprints, photograph and the Iris as part of the NPR project. Following this decision, MHA has gone far ahead and finalized all arrangements to complete biographic and biometric enrolments by December 2012. The current status of the NPR project is as follows:-

Work orders for data entry, biometric capture and printing of draft Local Register of Usual Residents (LRUR) for a population of 57 crore persons have already been placed on service providers. As on date, data entry of 23 crore persons and biometric enrolment of 67 lakh persons has been completed. For the balance population of 64 crore persons, bids have been received and processed. Work orders will be issued in next few days. The MHA has drawn up plan to complete the entire exercise by 31st December 2012.

I had also sent a note to you on 19.06.2009 regarding the address of the Hon’ble President of India to the Parliament on the subject of issuance of identity card. The MoS (Home) and I have assured in Parliament and outside that the MHA would issue biometric (smart) cards to usual residents (Resident Identity Cards) in the country as a measure to enhance the capability of the enforcement agencies to maintain internal security. Biometrics would be required for these cards also. Proposals have already been submitted by the MHA for appraisal of the EFC in this regard. In these circumstances, completing the NPR without biometrics is not feasible.

The third suggestion that UIDAI continue enrolment without funding will not address the needs of either the NPR or the UIDAI.

As regards the option to stop enrolment by non RGI registrars beyond 10 crore enrolments through a multi-registrar model, I am to state that this was the considered opinion of the Cabinet. I have noted your concern that in this case the roll out of Aadhaar numbers will depend entirely upon the pace at which the MHA can supply data to the UIDAI and that this would lead to delay in the use of Aadhaar as a platform for delivery of government schemes. In this connection I would like to stress that the prime responsibility of time bound creation of NPR is with the State Governments. The MHA would assist the State Governments in this regard. The MHA has already taken action to complete the entire exercise by December, 2012. This is much earlier than the time frame envisaged by the UIDAI who has proposed to cover the entire country by 2017. Even assuming there are slippages, the data would be available much before 2017.

I would like to reiterate that the NPR is mandatory and a legal obligation. It is a security imperative and the State/UT Governments are duty bound to create it. Lack of clarity on this issue has created confusion in the states. This has also attracted adverse mention in the recently concluded meeting of the National Development Council, besides being widely debated in the media. An expenditure of approximately Rs.1800 crores has already been incurred on the NPR project. A further expenditure of Rs.2400 crores is in the pipeline. If we also take into account the expenditure incurred on the coastal NPR project, MNIC pilot projects and other preparatory steps taken from 2003 onwards, the expenditure has been substantial. Keeping in mind the internal security scenario a quick ramp up and completion of the NPR at the earliest is necessary.

I would also like to point out that the MHA has formulated proposals for issue of identity (smart) cards for the appraisal of the EFC. Proposals are also being formulated for the setting up a nationwide system for continuously updating and maintaining the NPR database. These are two essential components of the NPR system. The `in principle’ approval of the Planning Commission is required for both these proposals. The NPR would have no meaning if these two vital elements are not put in place. I request you to kindly expedite the approval for these proposals.