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Summary of Supreme Court's judgement on Aadhaar

Dated: September 29, 2018

Aadhaar was launched in the year 2010 by PM Manmohan Singh. After its introduction, it was made compulsory in various states. Later The union and state governments had made Aadhaar compulsory to avail a series of essential services including opening and accessing bank accounts, passports, cell phone services and so on.

The Supreme Court in its verdict on 26th of September held Aadhaar to be constitutionally valid but struck down some of its section while reading down others. The Supreme Court upheld the validity of the Aadhaar Act and scheme by a 4:1 majority.

• Section 2(d) of the Aadhaar Act which pertained to the authentication of records is struck down.
• Regulation 27 of Aadhaar (Authentication) Regulations, 2016 which provides archiving a data for a period of five years is struck down. Now the data can be retained for a maximum period of six months.
• Intrest of Aadhaar holders is protected by the Section 29 of the  Aadhaar (Sharing of Information) Regulations, 2016. But Government can share the information as the language of the section goes as “for the purposes of as may be specified by regulations”. SO the court has ruled that, in case the government makes any provision which impinges upon the privacy of the Aadhaar card holders, then the same can always be challenged. 
• Section 33(2) permits disclosure of information under Aadhaar act, including identity and authentication information, made in the interest of national security in pursuance of a direction of an officer not below the rank of Joint Secretary to the Government of India specially authorised in this behalf by an order of the Central Government. The court held that this cannot be denied, but in order to keep a check and avoid the misuse of the power, a Judicial Officer (preferably a sitting High Court Judge) should also be associated with. Moreover the court said that the power to determine the eventuality of the use of this section should be conferred upon an officer higher than the rank of a Joint Secretary.
• Section 47 provided that only UIDAI can file a criminal complaint for data breach. The exclusion of individuals from filing complaints was held to be arbitrary.
• Sec 57 permits the private entities to use Aadhaar information to authenticate the identity of a person. But the purpose for which this authentication is used has to be backed by the law. And the law so related or created is subject to judicial scrutiny.
• Bank accounts, Mobile number, School Admission, Examinations no more require Aadhaar card to be linked or provided. While it is mandatory to link Aadhaar Card with  PAN card.
• For the enrolment of children under the Aadhaar Act, it would be essential to have the consent of their parents/guardian
• On attaining the age of majority, such children who are enrolled under Aadhaar with the consent of their parents, shall be given the option to exit from the Aadhaar project if they so choose in case they do not intend to avail the benefits of the scheme.
• No child shall be denied benefit of any of these schemes if, for some reasons, she is not able to produce the Aadhaar number and the benefit shall be given by verifying the identity on the basis of any other documents.
• Benefits to children between 6 to 14 years under Sarv Shiksha Abhiyan, likewise, shall not require mandatory Aadhaar enrolment.
• Except for Justice Chandrachud, the majority held that Aadhaar Bill as Money Bill.