Aadhaar Verdict: SC upholds Aadhaar, but with conditions

Observing that Aadhaar was meant to help the benefits reach the marginalised sections of society, the Supreme Court 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 t

The Supreme Court on Wednesday declared the Centre-s flagship Aadhaar scheme as constitutionally valid, but struck down some of its provisions including its linking with bank accounts, mobile phones and for school admissions.

A five-judge constitution bench headed by Chief Justice Dipak Misra held that while Aadhaar would remain mandatory for filing of IT returns and allotment of Permanent Account Number PAN, it would not be mandatory to link Aadhaar to bank accounts, and the telecom service providers cannot seek its linking for mobile connections.

Justice DY Chandrachud wants consumers- Aadhaar data deleted by mobile service providers

Not for school admissions
Aadhaar would not be mandatory for school admissions, as also for the examinations conducted by the Central Board of Secondary Examination, National Eligibility cum Entrance Test NEET for medical entrance and the University Grants Commission.

The bench also struck down the national security exception under the Aadhaar Targeted Delivery of Financial and other Subsidies, Benefits and Services Act, 2016. 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. "Aadhaar empowers the marginalised section of the society and gives them an identity, Aadhaar is also different from other ID proofs as it can-t be duplicated," Justice AK Sikri read out the verdict. "It is better to be unique than being the best and Aadhaar is unique," he said.

The counsel for the petitioners, Shyam Divan, had raised concerns over the -integrity of the process, integrity of the information and pervasive violation of fundamental rights.- He had told the court that Aadhaar may cause the -death of citizens- civil rights-.

The government and the UIDAI have defended the scheme by stating that it ensures benefits are distributed among the population in a proper manner and also deters siphoning of funds.

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

Justice Ashok Bhushan
I do not agree that revealing demographic information for Aadhaar amounts to violation of Right to Privacy. An individual reveals such data for other ID proof.

UIDAI statement
CEO, UIDAI, Dr Ajay Bhushan Pandey said, "Aadhaar has come out winning, as the champion of the empowerment of people, especially the marginalised sections of society and also as the key to the welfare schemes delivery of the Government that has eradicated the fakes, duplicates and middlemen.

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