Voluntary, not mandatory
What is Aadhaar?
Aadhaar (meaning foundation in Hindi) is a 12-digit unique identity number that can be obtained by citizens of India, based on their biometric and demographic data.
The data is collected by the Unique Identification Authority of Identity (UIDAI), a statutory authority established by the Government of India in 2009.
It is meant for Indian citizens aged 18 and above.
The Aadhaar card was launched by the Manmohan Singh-led United Progressive Alliance government in 2012.
The National Democratic Alliance government pushed to link the Aadhaar number with phone numbers, bank accounts, PAN cards and services ranging from school admission forms to pension benefits.
What was it originally designed to do?
The Aadhaar was originally mandatory for direct transfer of subsidies and benefits, and used in checking tax evasion.
What was the issue in court?
Critics argued that, by collecting demographic and biometric data, Aadhaar encroached on citizens’ right to privacy.
What did the court say?
The Aadhaar programme has huge benefits in delivering welfare efficiently.
But biometric data cannot be used by private entities such as banks or mobile phone operators for authentication purposes. No mandatory linkage of phone numbers with Aadhaar.
The government must ensure no illegal migrants are issued Aadhaar cards. Private companies cannot ask for Aadhaar.
Do NRIs need an Aadhaar card?
No. A person who has lived in India for 182 days can enrol for Aadhaar.
What needs Aadhaar linking?
1. It is mandatory to link the PAN card with Aadhaar.
2. Aadhaar is compulsory for filing income tax returns.
3. It is necessary for availing oneself of welfare schemes and subsidies given by the government.
What services do not need to be linked to Aadhaar?
1. For opening a bank account — the court struck down Section 57, which allowed private companies to use Aadhaar data.
2. As a result, other private entities like telecom and e-commerce firms are now barred from asking for Aadhaar. It is also not needed for getting a SIM card or shopping online.
3. It is not needed for admission in schools. Aadhaar is also not compulsory to sit for CBSE and NEET exams.