SC verdict: Aadhar is not mandatory for bank account, mobile connection

The apex court's five-judge Constitution bench headed by Chief Justice Dipak Misra upholds the constitutional validity of Aadhaar stating that it empowers the marginalised sections of the society

The Supreme Court on Wednesday declared the Centre's flagship Aadhar scheme as Constitutionally valid. The apex court's five-judge Constitution bench headed by Chief Justice Dipak Misra said Aadhar is meant to help benefits reach the marginalised sections of the society and takes into account the dignity of people not only from personal but also from a community point of view. While ruling that Aadhar will not be required for opening bank accounts,  to get mobile phone connections and admission in schools, the apex court struck down Section 57 of Aadhaar Act which allows private entities to ask for Aadhaar to access services. 

The Apex court also asked the central government to introduce a strong data protection law as soon as possible. The top court said Aadhar is serving a much bigger public interest and Aadhar means unique and it is better to be unique than being best.

There are three sets of judgements being pronounced on the issue. The first of the three verdicts was pronounced by Justice A K Sikri who wrote the judgement for himself, CJI and Justice A Khanwilkar. Justice Sikri said robust data protection regime has to be brought in place as early as possible. He said the attack on Aadhar by petitioners is based on violation of rights under the Constitution, will lead to a surveillance State.

He said there has been minimal demographic and biometric data collected by UIDAI for Aadhar enrolment. Justice Sikri said unique identification proof also empowers and gives identity to marginalised sections of society. 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 concept of human dignity has been enlarged in the judgement, he said.

Justice Chandrachud and Justice A Bhushan, who are part of the bench, have written their individual opinions. The verdict was pronounced on a batch of pleas challenging the constitutional validity of Aadhar scheme and its enabling 2016 law.

The bench had on May 10 reserved the verdict on the matter after a marathon hearing that went on for 38 days, spanning four-and-half months.

Here are the key points

• SC declares Aadhar scheme as Constitutionally valid
• Aadhar not mandatory for opening bank accounts
• Unique identification proof also empowers and gives identity to marginalised sections of society
• Aadhaar cannot be duplicated and it is a unique identification
• Private companies cannot access Aadhar data
• SC Constitution Bench strikes down the National security exception under the Aadhar Act
• SC says Aadhar authentication data cannot be stored for more than six months
• SC says CBSE, NEET, UGC cannot make Aadhar mandatory, also not compulsory for school admissions
• SC directs government not to issue Aadhar to illegal immigrants
• SC says no child can be denied benefits of any schemes on not being able to bring their Aadhar number.
• SC upholds passing of Aadhar Bill as Money Bill by Lok Sabha
• SC says nothing in Aadhar Act that violates right to privacy of individual
• Telecom service providers cannot force subscribers to link Aadhar to mobile numbers
• Aadhaar to remain mandatory for filing of IT returns and allotment of Permanent Account Number (PAN)

Edited by mid-day online desk with inputs from PTI

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