SC declares Aadhaar constitutionally valid, strikes down some provisions

Geneva Stokes
September 26, 2018

Notably, the Aadhaar debate found a new argument after the SC in 2017 ruled "Right To Privacy" was a fundamental right.

The Court has struck down the Sections 33 (2), 47 & 57 Of the Aadhaar Act.

The Supreme Court's verdict on the constitutional validity of Aadhaar is a major embarrassment for the Narendra Modi government. A Twitter user pointed out that as per the verdict, Aadhaar IDs won't be essential anymore for opening bank accounts; however, it's been made essential for linking PAN and PAN is essential for the opening bank accounts.

By striking down section 57 of the Aadhaar Act, the court has said that private companies can not insist on the use of Aadhaar. Now, private companies won't have the authority to demand people's Aadhaar IDs.

The Supreme Court is delivering verdicts in several key cases today.

He observed that the enactment of the Act does not save the Centre's Aadhaar scheme.

For CBSE, NEET and other university exams, Aadhaar is no longer mandatory.

A majority of the panel ruled the programme had merits, but struck down a government effort to make its use mandatory in applications for services ranging from bank accounts to mobile telephone connections and school admissions.

The world's largest biometric database, named Aadhaar after a Hindi word for "foundation", was originally labeled as a tool to help welfare services reach poorer citizens.

Addressing a press conference in the national capital, the Bharatiya Janata Party (BJP) leader hit out at the critics of Aadhaar, saying those criticising the unique identification scheme need to understand that they "cannot defy technology".

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Aadhaar not mandatory for Sarvasiksha Abhiyan.

It is this provision that allows statutory support to mobile companies, private service providers, banks, payments services to seek an individual's Aadhaar card for identification.

Now individual citizens can file complaints with the UIDAI.

The case had been referred by the apex court to a Constitution Bench for hearing in 2015.

There is a fundamental difference between Aadhaar and other identity proof as Aadhaar can not be duplicated and it is a unique identification.

Aadhaar, the 12-digit biometric identity number, has been issued to more than 1.22 billion residents of India.

Justice Chandrachud said the Aadhaar Act could not have been passed as Money Bill as it amounted to a fraud on the Constitution.

Justice Sikri said robust data protection regime has to be brought in place as early as possible, noting that the attack on Aadhaar by the petitioners was based on violation of rights under the Constitution, which they felt led to a surveillance state.

Calling the BJP's version of the Aadhaar Act "draconian" and "invasive", Congress alleged that about 25 people died of starvation from denial of benefits in the last four years.

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