The Supreme Court has finally pronounced the judgement on a bunch of petitions challenging the constitutional validity of Aadhaar as 4:1in favour of the Aadhaar Act. In this article, we will discuss in detail about the key takeaways from the judgement on Aadhaar.
| Aadhaar Linking Mandatory |
| · PAN |
| · ITR Filing |
| · Welfare Schemes |
| Aadhaar Linking Not Mandatory |
| · Mobile Connection |
| · Bank Account |
| · School Admissions |
| · Private Entities |
| · Digital Wallets |
| · Examinations conducted by CBSE, UGC and NET |
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Aadhaar Verdict
Key Quotes
| “It is better to be unique than be the best, because being the best makes you the number one, but being unique makes you the only one” – Justice Sikri |
| “Attack on Aadhaar by petitioners is based on violation of rights under Part III of the Constitution, will lead us to become a surveillance State.” – Justice Sikri |
| “Education took us from thumb impression to signature. Technology has taken us from signature to thumb impression” – Justice Sikri |
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Key Decisions
Aadhaar is still mandatory for PAN and Income Tax Returns
The court said that Aadhaar will continue to be mandatory while applying for a Permanent Account Number (PAN). The assessees will have to mention Aadhaar while filing Income Tax Returns as well.
Private Entities cannot ask for Aadhaar details
After the judgement, no private entities will be able to ask their customers to provide Aadhaar details compulsorily for availing any service. Section 57of the Aadhaar Act, that had the provision for “corporates or person” to ask for Aadhaar details for establishing the identity of the person, has been struck down.
Aadhaar not required to open a Bank Account
After this judgement, Aadhaar will not be mandatory for opening a bank account (savings and current account). Earlier, the government, as well as the RBI, had made it compulsory for linking bank accounts with Aadhaar. However, there is no clarity about its requirement for opening a demat account.
Aadhaar not mandatory for Mobile Connections
You don’t have to link your existing mobile number with Aadhaar now. The Supreme Court has repealed the government’s order on linking Aadhaar with mobile number. It is also not mandatory to provide Aadhaar for new mobile connections. Any other ID proof can also be used for obtaining a new sim card.
Children cannot be denied benefits for the lack of the Aadhaar Card
The government cannot deny providing welfare benefits to children if they do not have Aadhaar card. It is worth mentioning here that even new-borns can be enrolled for Aadhaar. The court also mentioned that a child will be given the authority to opt out from the benefits provided under various welfare schemes when they turn 18.
Aadhaar not mandatory for school admissions
The Supreme Court has said that schools cannot demand Aadhaar from children at the time of admissions.
Aadhaar details of a person cannot be disclosed in the name of national security
The Supreme Court repealed Section 33 (2) of the Aadhaar Act. Currently, the Act allowed Aadhaar data to be disclosed in the name of national security after the approval of an officer of the rank of the Joint Secretary or above to the Government of India. This section has been revoked and the privacy will be upheld for all individuals from nom onwards.
Section 47 invalidated – Individuals can now file cases in a Court related to Aadhaar
Section 47 has also been repealed by the Supreme Court. The section did not allow any court to take cognizance of offences punishable under this act if the complaint was made by individuals. Only those officers who were authorized by UIDAI had the authority to file complaints related to Aadhaar. But now, even individuals can file complaints related to Aadhaar in courts.
Aadhaar authentication data cannot be stored for more than 6 months
Aadhaar authentication data can now be stored only for 6 months now. Earlier, the Aadhaar Act allowed authorities to store the data for up to 5 years.
Aadhaar not mandatory for Digital Wallets
Aadhaar is not mandatory for various digital wallets. Currently, various companies providing the mobile wallet service ask their customers to furnish their Aadhaar to avail full-fledged services. However, these companies cannot ask their customers for Aadhaar details from now onwards.
Aadhaar not mandatory for examinations conducted by CBSE, UGC and NET
Various institutional bodies made it mandatory for students taking up all India level examinations to furnish their Aadhaar number in the application form. The students also had to bring their Aadhaar to the examination centres for verification. However, it is not mandatory to provide Aadhaar details from now onwards.
Who were the Judges?
The judgement was delivered by the constitutional bench of the Supreme Court constituting of CJI Dipak Misra, Justice A M Khanwilkar, Justice A K Sikri, Justice D Y Chandrachud and Justice Ashok Bhushan.
9 Comments
Sir mene mere wife ka adhar card me naam change krne 28march 2023 ko dala tha pr vo ab tak change nhe hua means 4 mnth hogai or kai baar cl kea mail kea help desk pe pr koi solutin nhe h ab kya kru me me abhi koi bhi form ya gov form fesility kuch nhe nhe le pa rha hu
You can raise the complaint to the Aadhaar grievance redressal officer. Alternatively. you can also visit the nearest Aadhaar Seva Kendra to get your issue resolved.
Preventing private entities like companies to use Aadhaar as a verifier is alright. I think Aadhaar should remain an effective instrument in verifying the identities of individuals by Government Departments like Police, particularly criminal investigation. This is because, there are so many crimes happening in the country and there is sometimes evidences like fingerprints, web-cam photos available. These evidences could not be used by police for effective capture of the individual criminal because of the restrictions imposed on police to use the Aadhaar database. Either police should have access to the database or the Authority should set-up an assistance service to the Police Department in criminal investigations. Otherwise, many criminals who are leaving evidence on crime sites are simply escaping detection and capture.
Banks also asked Aadhaar for address changing inmy account.suprem court ruling is misleading.it is purely harassment.why should we share data with banks.it is sure that attacked on fundamental rights
Aadhaar card is not mandatory as address or identity proof any more. You can provide another government ID proof for verification. However, you can also provide Aadhaar card for verification as it is optional and not invalid.