In a much-awaited judgement today, the Supreme Court declared the Centre’s flagship Aadhaar scheme as Constitutionally valid. The verdict was pronounced on a batch of pleas challenging the constitutional validity of Aadhaar scheme and its enabling 2016 law.
The apex court’s five-judge Constitution bench headed by Chief Justice Dipak Misra said Aadhaar is meant to help benefits reach the marginalised sections of society, as Unique identification proof empowers and gives identity to them. It said that Aadhaar is serving the much bigger public interest and Aadhaar means unique and it is better to be unique than being best.
The court struck down Section 57 of Aadhar Act that allows private entities to seek Aadhaar data but has allowed the unique number to be used for availing benefits of government schemes and subsidies.
Three sets of judgements were being pronounced on the issue, with the first pronounced by Justice A K Sikri who wrote the judgement for himself, CJI and Justice A M Khanwilkar.
Justice Sikri said robust data protection regime has to be brought in place as early as possible. He added that minimal demographic and biometric data has been collected by UIDAI for enrolment. He denied the possibility of obtaining a duplicate Aadhaar card, adding that there is sufficient defence mechanism for authentication in the scheme. The Court also said nothing in the Aadhaar Act violates an individual’s right to privacy.
The SC further said that no child can be denied benefits of any schemes on not being able to bring their Aadhaar number. It also said that Aadhaar was not compulsory for school admissions, nor can the CBSE, NEET, UGC make Aadhaar mandatory.
Although the Constitution Bench struck down the National security exception under the Act, it directed the government to not give Aadhaar to illegal immigrants.
However, it is not mandatory to link Aadhaar to bank accounts, the Apex court added. Also, telecom service providers can’t seek to link of Aadhaar. On the other hand, it is mandatory for the filing of IT returns and allotment of Permanent Account Number, the court said.
1. Aadhaar will no longer be compulsory at the time of admission in schools, as every child has the right to education.
2. Aadhaar is not mandatory for opening of bank accounts.
3. It is mandatory to link Aadhaar with PAN and will be needed to file IT returns.
4. According to the verdict, linking of mobile phones to Aadhaar is unconstitutional and no mobile companies can demand Aadhaar card from you.
5. Aadhaar will be mandatory for UGC, NEET & CBSE examinations.
6. Aadhaar will not be mandatory for obtaining a new SIM card.
7. The court also struck down Section 57 of the Aadhaar Act, which means that private companies cannot ask for Aadhaar card.
8. Also, no person can be denied any social benefits for the lack of authentication of Aadhaar.
9. Aadhaar is not the only proof of identity. It is just one of the other identity documents.
10. Supreme Court has also instructed the telecom companies to delete all the data they have collected from the users through their Aadhaar.
1. Aadhar not mandatory for opening bank account
2. Pancard mandatory for opening bank account
3. Aadhar-pancard linking mandatory
Nahi matlab chal kya raha hai.. ho kya raha hai ye 🤔😂😂
— Mthn (@Being_Humor) September 26, 2018
Aadhar Card not mandatory for opening Bank Account. PAN Card mandatory for Bank Account. PAN-Aadhar Mandatory for filing Tax returns. #AadhaarVerdict pic.twitter.com/lGxX6VgfiE
— Trendulkar (@Trendulkar) September 26, 2018
Aadhaar Card is not mandatory for opening Bank Account. But PAN Card is mandatory for Bank Account. And PAN-Aadhar are Mandatory for filing Tax returns. #AadhaarVerdict pic.twitter.com/SIpkh9hNZg
— Sagar (@sagarcasm) September 26, 2018
https://twitter.com/imNeeki/status/1044840461213593600
PIC 1: AADHAR before supreme court decision
pic 2 : AADAHAR after supreme court decision #AadhaarVerdict pic.twitter.com/BNU4GKj5GV
— Piyushakak4 (@piyushakak4) September 26, 2018
This is how you can unlink your Aadhaar with everything you linked in past. 😂 #AadhaarVerdict pic.twitter.com/lLaxrDicCG
— Godman Chikna (@Madan_Chikna) September 26, 2018
