Important Highlights of the Aadhaar verdict
Supreme Court Aadhaar Verdict PDF. Aadhaar verdict. Highlights of the Aadhaar verdict. A Constitution Bench of the Supreme Court, led by Chief Justice of India Dipak Misra upheld the validity of Aadhaar but with riders. The Supreme Court has held that the Aadhaar Act was valid but has put restrictions on which entities can access data.
The Supreme Court pronounced its verdict on a clutch of petitions challenging the constitutional validity of the Aadhaar Act in which it upheld the constitutional validity of Aadhaar, but put restrictions on its use. A five-judge bench, led by Chief Justice of India Dipak Misra. Here are the Highlights of the Aadhaar verdict –
Highlights of the Aadhaar verdict
The Supreme Court struck down Section 57 of Aadhaar Act which allows private entities to demand Aadhaar to access services. However, no person will be denied benefits under social welfare scheme because of the failure of authentication through Aadhaar, the judges said. “We direct the government to ensure that illegal migrants are not issued Aadhaar,” they said, adding that as of today they did not find anything in Aadhaar Act which violated the right to privacy of individual citizen.
The Supreme Court on Wednesday upheld the legality of Aadhaar restricting it to disbursement of social benefits and junking its requirement for cell phones and bank accounts, reported news agency IANS. Here are the main observations of the Supreme Court in its 1,448-page judgement:
- The Bench struck down section 57 of the Aadhaar Act, which allows private entities to use Aadhaar for verification purposes.
- Section 33(2) that allows UIDAI to share data with specially authorised officers in the interest of national security, was also struck down.
- It is better to be unique than the best. Because, being the best makes you the number one, but being unique makes you the only one. ‘Unique makes you the only one’ is the central message of Aadhaar.
- Education took us from thumb impression to signature, technology has taken us from signature to thumb impression, again.
- The architecture of the Aadhaar Act reveals that the UIDAI is established as a statutory body which is given the task of developing the policy, procedure and system for issuing Aadhaar numbers to individuals and also to perform authentication thereof as per the provisions of the Act.
- Throughout their lives, individuals are supposed to provide information: be it admission in a school or college or at the time of taking job or engaging in any profession or business activity, etc.
- The scheme (Aadhaar) by itself can be treated as laudable, more so, when it is voluntary in nature. Howsoever benevolent the scheme may be, it has to pass the muster of constitutionality.
- The Supreme Court upheld the validity of Aadhaar saying sufficient security measures are taken to protect data and it is difficult to launch surveillance on citizens on the basis of Aadhaar.
- The SC asked the Centre to bring a robust law for data protection as soon as possible.
- The SC asked the Centre to bring a robust law for data protection as soon as possible.
- The SC said no person will be denied benefits under social welfare scheme because of failure of authentication through Aadhaar.
- The top court said Aadhaar cannot be made mandatory for openings of a bank account and for getting mobile connections.
- The SC said that Aadhaar must not be made compulsory for school admission and the administration cannot make it mandatory.
- The SC directed the government to ensure that illegal migrants are not issued Aadhaar to get benefits of social welfare schemes.
- Private companies can’t ask for Aadhaar, said the top court.
- The apex court struck down the provision in Aadhaar law allowing sharing of data on the ground of national security
- Aadhaar satisfies the doctrine of proportionality, said justice Sikri, adding, “It is better to be unique than to be best.”
- Aadhaar requirement by CBSE, NEET, and UGC has been struck down, but Aadhaar-PAN linkage has been upheld.
- Seeding Aadhaar with mobile phone numbers and bank accounts is not needed. Schools too, cannot insist on Aadhaar for admission of students.
- Data collected for authentication purposes can ben held for only six months. The Aadhaar Act had said that data can be held for five years.
- Justice Chandrachud ordered service providers to delete any information collected by them after linking Aadhaar with SIMs.
Source : TOI, The Hindu & NDTV
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