Passing Aadhaar Act as Money Bill is fraud on Constitution: Justice Chandrachud

Arturo Kim
September 26, 2018

The Court has also struck down the amendment brought in Prevention of Money Laundering Rules which mandated linking of Aadhaar with bank accounts.

Although the judgement is largely in favour of Aadhaar, it raises concerns about the misuse of Aadhaar, and Justice Sikri laid out the different ways in which Aadhaar can, and cannot be used.

Justice Sikri's judgment also upheld Section 139AA OF Income Tax Act.

For CBSE, NEET and other university exams, Aadhaar is no longer mandatory.

The Supreme Court on Wednesday upheld the constitutional validity of Aadhaar; albeit with riders.

"It is better to be unique than to be best", he added. He, however, added that since the goal of the Aadhaar Act is inclusion, striking down the law for excluding people would be akin to "throwing the baby along with the bathwater".

Addressing a press conference in the national capital, the Bharatiya Janata Party (BJP) leader hit out at the critics of Aadhaar, saying those criticising the unique identification scheme need to understand that they "cannot defy technology".

The Supreme Court is delivering verdicts in several key cases today.

A majority judgement of three judges, was, however, not convinced that Aadhaar violated the right to privacy.

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While the Aadhaar verdict has been viewed as being in favour of the central government and the Unique Identification Authority of India (UIDAI), it also provides some relief to the petitioners.

For availing government subsidies and welfare schemes - Mandatory.

Aadhaar not mandatory for Sarvasiksha Abhiyan. "Aadhaar eliminates any chance of de-duplication", he said. Paytm, the largest mobile wallet in the country received a lot of flak for mandating Aadhaar linking before the final verdict was passed.

The five-judge bench of India's top court said the benefits of the system outweighed the risks to privacy but laid down stringent new limits on how Aadhaar information could be used.

Making some starkly different observations from the other judges, Justice Chandrachud stated that it cannot be the institutional responsibility of UIDAI to protect the data of citizens.

In January 2018, the Constitution bench had started the final hearing on a batch of petitions clubbed with the Puttaswamy case that challenged the Aadhaar Act (introduced in Parliament as the Money Bill) on grounds that it violates an individual's fundamental right to privacy. There is no possibility of obtaining a duplicate Aadhar card, he said, adding that there is sufficient defence mechanism for authentication in the Aadhar scheme.

The court has also partially struck down Section 33 (1) of the Act that allowed disclosure of Aadhaar information to a district judge. Banks can not force you to link your bank accounts with your Aadhaar number.

In 2013, an apex court bench passed an interim order stating that the UID number can not be made mandatory for gas connections, vehicle registration, scholarships, marriage registration, salaries and provident fund.

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