India’s top court curtails use of Aadhaar ID card
new delhi — India’s Supreme Court on Wednesday upheld the validity of a controversial biometric identity system, but flagged privacy concerns and reined in a government push to make it mandatory for everything from banking to telecom services.
The ruling was cheered by critics of the system, known as Aadhaar, which has already provided biometric ID for more than a billion people, making it the world’s biggest biometric identity project.
Critics had expressed fears it could spawn a surveillance state and smooth the way for companies to profile clients. “This is a fabulous judgment,” said lawyer Kapil Sibal, a member of the opposition Congress party. “It takes care of citizens’ rights and it ensures we don’t have a surveillance state in place, it ensures that our privacy is not intruded into, and at the same time, it protects the rights of the marginalised,” he said.
A majority ruling by a panel of five judges cleared the use of Aadhaar for welfare schemes, saying it empowered the poor and marginalised.
new delhi — In a landmark judgement, the Supreme Court on Wednesday by a 4:1 majority judgement upheld the legality of Aadhaar for use only in government-funded social benefit schemes and PAN and Income Tax Return (ITR) while junking its requirement for mobile phone connections, bank accounts, school admissions and competitive examinations.
A five-judge bench headed by Chief Justice Dipak Misra held that Aadhaar would be voluntary and not mandatory.
The majority judgment, which struck and read down or clarified various provisions of the Aadhaar Act, was read out by Justice A.K. Sikri speaking for Chief Justice Misra and Justice A.M. Khanwilkar and himself. Justice Ashok Bhushan delivered a separate but concurring judgment.
Rejecting the apprehensions of the petitioners, the majority judgment held that the architecture of Aadhaar as well as the provisions of the Aadhaar Act do not tend to create a surveillance state. “This is ensued by the manner in which the Aadhaar project operates.”
In his dissenting judgement, Justice D.Y. Chandrachud held that the entire Aadhaar programme since 2009 suffered from constitutional infirmities and violated fundamental rights. The enactment of Aadhaar Act does not save the Aadhaar project.
The Aadhaar Act, the rules and regulations framed under it and the framework prior to the enactment of the Act were unconstitutional. “...if no fresh legislation has been enacted by the union government in conformity with the principles which have been enunciated in this judgment, the data (collected for Aadhaar) shall be destroyed.
Justice Chandrachud said that passing the Aadhaar law as money bill was unconstitutional and a “fraud on the Constitution” because it was not a money bill.
Speaking for the majority, Justice
Sikri said linking of Aadhaar for opening and with existing bank accounts, getting a mobile number, appearing for CBSE, NEET, JEE, UGC examinations and admission in schools was not mandatory.
The court in its 1,448 page judgement said the government’s notification that rendered bank accounts inoperable for not being linked with Aadhaar amounted to depriving a person of his property rights.
“We find that this move of mandatory linking of Aadhaar with bank account does not satisfy the test of proportionality,” said the majority judgment.
The court in its majority judgment said that on attaining the age of majority, children enrolled under Aadhaar with the consent of their parents shall be given the option to exit from the Aadhaar project if they do not intend to avail the benefits of the government
schemes. The requirement of Aad- haar for admission of children to school will not be compulsory as it was “neither a service nor subsidy” and “a child between the age of 6 and 14 years has the fundamental right to education under Article 21A of the Constitution”.
The school admission cannot be treated as ‘benefit’ as well, the verdict said.
However, the majority of the bench held that Aadhaar was valid for linking with Income Tax returns. On the disclosure of the information including, identity, information or authentication records, the court said that the person “whose information is sought to be released, shall be afforded an opportunity of hearing. If such an order is passed, in that eventuality, he shall also have right to challenge such an order passed by approaching the higher court”. —
Aadhaar linkage to welfare schemes of the government has enabled annual saving of Rs900 billion by eliminating duplicate and nonexistent beneficiaries. Arun Jaitley, Finance Minister
The government’s draconian Section 57 quashed — bank account, mobile, school, airlines, travel agents, private entities requiring Aaadhar data quashed.
Randeep Singh Surjewala, Congress spokesperson