The apex court declared the Centre's flagship Aadhaar scheme as constitutionally valid but struck down some of its provisions.
The Supreme Court on Wednesday declared the Centre's flagship Aadhaar scheme as constitutionally valid but struck down some of its provisions including its linking with bank accounts, mobile phones and school admissions.
The apex court's five-judge Constitution bench headed by Chief Justice Dipak Misra said Aadhaar 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 community point of view.
Here's how you can delink Aadhaar from your bank account, e-wallet
The top court said Aadhaar is serving much bigger public interest. Aadhaar means unique and it is better to be unique than being best.
The Supreme Court also asked the central government to introduce a strong data protection law as soon as possible.
Aadhaar Verdict: From mobile number to PAN; what needs to be linked, what does not
There are three sets of judgements being pronounced. A five-judge Constitution Bench passed the verdict in the case, while Justice AK Sikri authored the judgement on behalf of himself, CJI Misra and Justice AM Khanwilkar. The two other justices DY Chandrachud and Ashok Bhushan wrote their opinions separately.
The verdict was pronounced on a batch of pleas challenging the constitutional validity of Aadhaar 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 major points of the Aadhaar verdict:
1. SC holds PAN-Aadhaar linking valid
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Supreme Court upheld Section 139AA of the Income-tax Act mandating linkage with PAN. SC said Aadhaar would remain mandatory for filing of IT returns and allotment of Permanent Account Number (PAN).
(Photo: PTI)
2. Aadhaar not needed for school admissions
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Supreme Court said Aadhaar would also not be mandatory for school admissions, as also for the examinations conducted by the Central Board of Secondary Examination, National Eligibility cum Entrance Test for medical entrance and the University Grants Commission. SC says no child can be denied benefits of any schemes on not being able to bring their Aadhaar number.
(Photo: Research News and Archives)
3. Paytm cannot have your Aadhaar data
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Section 57 of Aadhaar Act permitting private entities to avail Aadhaar data has been struck down by the Supreme Court. The top court also ruled that Aadhaar authentication data cannot be stored for more than six months. This means digital wallets like Paytm cannot demand Aadhaar data from customers for the purpose of verification.
(Photo: Reuters)
4. Aadhaar needed for welfare schemes
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Benefits and services under Section 7 should be of the nature of welfare schemes targeted at a particular deprived community, the Supreme Court said.
(Photo: Reuters)
5. Aadhaar not mandatory for bank account
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Aadhaar cannot be mandated for opening of bank accounts, Supreme Court judgment authored by Justice Sikri said.
(Photo: Research News and Archives)
6. Aadhaar not mandatory for mobile connection
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Aadhaar cannot be mandatory for mobile connections; DoT notification to that effect unconstitutional, Supreme Court said. So in case, you're pestered with spam messages or calls, you can file a complaints against the mobile service provider
(Photo: Reuters)
7. How do you delink?
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Aadhaar delinking can be done by submitting an application to the branch of the bank where the customer has an account stating the reason for revoking her consent. A similar application can be submitted to concerned telecom operator for Aadhaar delinking.
