Supreme Court upholds Aadhaar but curbs use

Hugh Fox
September 26, 2018

The Court has struck down the Sections 33 (2), 47 & 57 Of the Aadhaar Act. The party said the decision would throw a spanner in the government's works as BJP was pushing its agenda of mass surveillance through intimidation of private companies that were insisting on Aadhaar details.

In the ruling, Supreme Court said that Aadhaar is mandatory for PAN linking and I-T returns. the court said that Aadhaar can be passed a Money Bill.

"That is 1 billion unique Aadhaar numbers linked to 1 billion bank accounts and 1 billion mobile phones".

Aadhaar is mandatory for PAN card linking.

The final verdict is out and Supreme Court has ruled that Aadhaar is not mandatory to be linked to your bank accounts, phone numbers, and digital wallets.

Stating that Aadhaar empowers the marginalised sections of society and gave them an identity, the SC said Aadhaar authentication data can not be stored for more than six months.

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Exams: Further, the SC said that Central Board of Secondary Education and NEET exams will not need Aadhaar anymore.

The Supreme Court today struck down Section 57 of Aadhaar Act which permitted private parties to avail Aadhaar data.

The apex court added that CBSE, NEET, UGC can not make Aadhaar mandatory, also not compulsory for school admissions.

Justice Sikri struck down Section 57 which permitted private entities to avail Aadhaar data from individuals and ruled that Aadhaar authentication data can not be stored for more than six months.

The five-judge bench of India's top court said the benefits of the system outweighed the risks to privacy but laid down stringent new limits on how Aadhaar information could be used. "Aadhaar identification is unparalleled", Justice Sikri, who has authored the judgment on behalf of himself, CJI Dipak Misra and Justice AM Khanwilkar, said in opening remarks.

Observing that Aadhaar was meant to help the benefits reach the marginalised sections of society, it said the scheme takes into account the dignity of people not only from personal but from the community point of view as well and served the much bigger public interest.

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TMC leader Derek O'Brien said Banerjee had issued an open challenge on Aadhaar, ANI quoted him as saying.

In 2012, a former High Court judge, K S Puttaswamy, filed a petition stating that Aadhaar violated fundamental rights like equality and privacy.

The court added, though, that enrolment of children can only be done with parental consent, and added that they should be given an option to exit on attaining majority.

The Supreme Court later clarified that it had never given any such order.

The Supreme Court is likely to pronounce its verdict on a batch of petitions seeking that a seven-judge bench reconsiders the court's 2006 judgement which had put conditions for granting quota benefits in job promotions for SC/ST employees.

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