GSTN TO BE CONVERTED INTO GOVT ENTITY RAFALE DEAL STRUCK BEFORE MY TERM, SAYS FRENCH PREZ MACRON AADHAAR VALID, BUT WITH RIDERS Verdict pleases, but worries loom over saved data
CONSTITUTIONALSupreme Court upholds validity of Aadhaar for govt welfare schemes NEWDELHI: STRUCK DOWN Aadhaar not necessary for banking, mobile services, says 5judge bench DIRECTIVE SC says Aadhaar authentication data cannot be stored for more than 6 months
The Supreme Court on Wednesday by a 4:1 majority verdict upheld the legality of Aadhaar for use only in governmentfunded social benefit schemes and PAN and Income Tax Return (ITR), but junked 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 AK Sikri speaking for Chief Justice Misra and Justice AM 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 DY 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.
However, the majority of the bench held that linking Aadhaar was valid for 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”.
However, it said that for the “determination of such an eventuality, an officer higher than the rank of a Joint Secretary should be given such power. Further, in order to avoid any possible misuse, a Judicial Officer (preferably a sitting High Court Judge) should also be associated with.”
Minimal demographic and biometric data of citizens are collected by UIDAI for Aadhaar enrolment. We are of the view that there are sufficient safeguard to protect data collected under Aadhaar scheme NEW DELHI: KAPIL SIBAL SAID CONGRESS SUPPORTS JUSTICE CHANDRACHUD, WHO SAID BYPASSING RS AMOUNTED TO SUBTERFUGE
While the ruling BJP welcomed the Supreme Court verdict on Aadhaar, with finance minister Arun Jaitley hailing it as historic and information technology and law and justice minister Ravi Shankar Prasad saying it “empowered democracy”, opposition parties too welcomed the judgement.
Congress president Rahul Gandhi hailed the requirement of Aadhaar for cell phone and banking services and attacked the Bharatiya Janata Party (BJP), calling it a “tool of surveillance” for them.
“For Congress, Aadhaar was an instrument of empowerment. For the BJP, Aadhaar is a tool of oppression and surveillance. Thank you Supreme Court for supporting the Congress vision and protecting India,” Gandhi tweeted.
Congress leader Kapil Sibal told reporters his party supports the views of Justice Chandrachud, who said bypassing of Rajya Sabha to pass the Aadhaar Act amounted to subterfuge and is liable to be struck down as violative of Article 110 of the Constitution. Sibal said his party would move court if amendments in the Aadhaar Act brought after this verdict are not brought in Rajya Sabha for discussion.
Niti Aayg CEO Amitabh Kant said the verdict is ‘progressive’, and the biometric ID system has improved efficiency besides helping the exchequer save ₹90,000 crore annually.