Aadhaar can’t be mandatory for opening bank accounts or mobile phone connections, or for school admissions, rules Supreme Court.
Aadhaar
- Aadhaar, which means ‘ foundation’, is a 12-digit unique-identity number issued to all Indian residents.
- This is based on their biometric and demographic data, and notably is a proof of residence and not a proof of citizenship.
- The data is collected by the Unique Identification Authority of India (UIDAI).
Understanding Aadhaar
Aadhaar is a unique identification number issued by the Indian government to its residents. It serves as proof of identity and address, facilitating access to various services and welfare schemes.
Supreme Court Upholds Constitutional Validity Of Aadhaar With Riders
The Constitutional Perspective
- Right to Privacy: One of the primary arguments against the constitutional validity of Aadhaar revolves around the right to privacy. The Supreme Court of India has recognized that privacy is a fundamental right protected under the Constitution. Critics argue that Aadhaar’s mandatory linkage to essential services infringes upon this right. However, in the case of Justice K.S. Puttaswamy (Retd) and Anr. v. Union of India and Ors., the Supreme Court upheld the constitutionality of Aadhaar while also emphasizing the importance of protecting an individual’s privacy.
- Article 14 – Right to Equality: Article 14 of the Indian Constitution guarantees the right to equality. Opponents of Aadhaar argue that the program creates a distinction between those who possess Aadhaar and those who do not. This, they claim, violates the principle of equality. However, the Supreme Court, in the same judgment mentioned before, held that Aadhaar does not create discrimination as it ensures equitable access to services and welfare schemes.
- Article 21 – Right to Life and Personal Liberty: Aadhaar’s adversaries contend that the program infringes upon an individual’s right to life and personal liberty. They argue that the mandatory nature of Aadhaar makes it coercive and compromises the freedom to choose whether or not to enroll in the program. In response, the Supreme Court stated that the aim of Aadhaar is to provide inclusive welfare schemes and that it does not impinge upon an individual’s personal liberty.
Balancing Act: Courts’ Role
The constitutional validity of Aadhaar has been subject to extensive judicial scrutiny. In the aforementioned case, the Supreme Court upheld the legality of Aadhaar while imposing certain limitations on its usage. The court ruled that Aadhaar cannot be made mandatory for availing essential services, such as banking, mobile connections, and school admissions. However, it can be used for various government welfare schemes, tax filings, and obtaining a PAN card.
Read the majority opinion by Justice AK Sikri, Justice AM Khanwilkar and Chief Justice Dipak Misra here.
Aadhaar Majority Judgment.pdfRead Justice Ashok Bhushan’s judgment here.
Aadhaar Justice Bhushan.pdfRead Justice DY Chandrachud’s dissenting view here.
Aadhaar Justice Chandrachud.pdfVIEW DOCUMENT
CLICK HERE Related Article: The Supreme Court on Wednesday 26th Sep 2018 made a landmark judgment on Aadhaar Card. The Supreme Court upheld the legality of Aadhaar restricting it to disbursement of social benefits and removing its requirement for cell phones and bank accounts, reported news agency IANS. Below are few main observations of the supreme court #AadhaarVerdict which will help you in current affairs and GK section of various competitive exams. 1. Whether Aadhaar creates or has tendency to create surveillance state and is, thus, unconstitutional No. Court rules the argument that Aadhaar would create an architecture for surveillance wasn’t well founded, and that it struck down any provisions of the Act that could give rise to such fears. 2. Whether the Aadhaar Act violates right to privacy and is unconstitutional No. Court rules nothing in the Aadhaar Act violates right to privacy of individual — as defined by the previous SC judgment that held Right to Privacy to be a fundamental right — and that most of the data collected could be considered “in public domain”. 3. Whether children, benefits to them & school admissions can be brought within Aadhaar Act No. Article 21A of the Constitution guarantees right to education as a fundamental right and insisting on an Aadhaar card would infringe on this right as well as on a child’s right to privacy. Consent of the parent or guardian is essential to enroll a child. On attaining majority, the child can choose to exit from Aadhaar. 4. Whether certain provisions of the Aadhaar Act relating to enrolment, updates, residency, involving private agencies in enrolment, etc are unconstitutional The court did not find a basis for some of the apprehensions as it felt encryption and security of data is satisfactory and reasonable safeguards are in place, but made some suggestions regarding amendments and changes. 5. Whether the Aadhaar Act defies the concept of limited government, good governance and constitutional trust The court observes, “…it is difficult to agree with the sweeping proposition advanced by the petitioners that the Aadhaar project is destructive of limited government and constitutional trust,” adding, it has struck down, read down or tweaked “some provisions which we found offending”. 6. Whether the Act could be passed as a ‘Money Bill’ within the meaning of Article 110 of the Constitution Yes. Four of the judges saw no problem in the Act going through as a Money Bill but Justice Chandrachud called it “a fraud on the Constitution” and a “subterfuge”. 7. Whether Section 139AA of the Income Tax Act, 1961 relating to linking of Aadhaar and PAN violates the right to privacy and is unconstitutional No 8. Whether Rule 9(a)(17) and notification of Prevention of Money Laundering Rules, 2005, which mandate linking of Aadhaar with bank accounts, are unconstitutional Yes. The court rules it does not meet the test of proportionality and is also violative of the right to privacy of a person that extends to banking details. It also observes no explanations have been given on how mandatory linking of every bank account will eradicate or reduce problems of money laundering and black money. 9. Whether telecom dept’s circular dated March 23, 2017 mandating linking of mobile no. with Aadhaar is illegal and unconstitutional Yes. Court rules it was a disproportionate and unreasonable state compulsion, and that for the misuse of SIM cards by a handful of persons, the entire population cannot be subjected to intrusion into their private lives. 10. Whether certain actions of the respondents are in contravention of the interim orders passed by the court Court observes that the state was unable to respond to the petitioners’ contention about their being lesser rights-invasive measures for the same purpose. Emphasises that financial exclusion caused due to errors in Aadhaar-based authentication violate an individual’s right to dignity. The Supreme Court’s ruling has several implications for schools and students across the country. Firstly, schools will now need to revise their admission and enrollment procedures to remove any requirement for Aadhaar. This may involve the development of new systems and processes to ensure smooth operations. Additionally, schools that had already linked Aadhaar to their databases will need to modify their systems accordingly. Source: Facebook, BQ Prime, IAS Parliament, ssbcrack, Youtube-Image Also Read:11 Points You Must Know About Supreme Court Aadhaar Verdict
Following are the 10 questions that the apex court considered during the verdict.
Impact on Schools and Students
For students, this ruling brings relief from the burden of having to disclose their Aadhaar information to schools. Many students were uncomfortable with the idea of sharing their personal details, and the court’s decision validates their concerns. This ruling will also prevent any potential misuse of Aadhaar information, ensuring the protection of students’ privacy.