Supreme Court has pronounced the Aadhar card final verdict on petitions challenging the constitutional validity of Aadhaar. SC has given its verdict on all aadhar related matters and declared it constitutionally valid as it is a govt’s programme and has recognized it as the identity for common man. Moreover, it does not violates right to privacy and it is not possible to create duplicate copy of biometric data.
The most important point to note that it is now compulsory to link Aadhar card with PAN card. But, it is NOT compulsory to link aadhar number with mobile number or bank accounts. Even private companies cannot get aadhar data without the permission of court.
In examinations, it is not compulsory to provide aadhaar details and no student can be deprived of educational rights in case of non-availability of aadhaar.
Aadhar Card Final Verdict by Supreme Court
The important points in this final verdict by supreme court in aadhaar case are given as follows:-
- Govt. schemes – Aadhaar Card is linked to almost all govt. schemes and subsidy being given to the common people, so the decision will have strong impact on the society.
- Data protection & security – Aadhar helps in preventing corruption and reduces wastage of time and money but for this, data security is must. Moreover, govt. has clearly stated that govt. will protect data of citizens and new data security mechanisms and law will be put into place.
- Unique identity – After this, court pronounces its final verdict in which it clearly stated that it has provided identity to even illiterate persons. Moreover, it is not possible to create a duplicate / clone of Aadhar. Unique identity means single identity which is different for every person and one person has only one identity.
- Right to privacy – Till date, there are no such evidences that aadhaar has violated the right to privacy of people. So, it is to be believed that Aadhar doesn’t sacrifices anyone’s privacy and thus remains an essential document for people.
- Data to private companies – It is also not possible to create a duplicate copy of biometric data in aadhaar and any private company is also not entitled to see the data of citizens. In addition to this, SC in its verdict on aadhaar has clearly stated that authentication data can only be kept for a maximum of 6 months duration.
- Examinations – UGC, CBSE and NEET like institutions and schools cannot compulsorily ask for aadhaar card. No person can be deprived of education due to non-availability of aadhaar number. Moreover, govt. must not issue aadhar number to illegal migrants.
- Linking with bank account / mobile number (SIM card) – Mobile and other private companies cannot ask for aadhar number. Even the SC has ruled out the decision to link it with mobile number or bank accounts. Accordingly, there is no compulsion on linking mobile number with aadhar card or linking mobile number (SIM cards) with bank account
- Linking with PAN card – However, SC has pronounced that it is compulsory to link aadhaar card with PAN card. To fill income tax returns, aadhar card is an essential document. No children must be deprived of his/ her rights in case of non-availability of aadhaar.
- Access to data by private / national agencies – SC has removed section 57 of Aadhaar act and no agency can get biometric data of people without getting prior permission of the court. However, agencies working for national security can ask for biometric data of people.
- Type of bill in parliament – Aadhaar can be passed as regular bill in the parliament just like it has been passed as a money bill in FY 2016.
This is a good & a progressive judgement to bring efficiency in the country. The Supreme Court has said that this (Aadhaar) has stood the test of constitutionality.
For a record 38 days, the Supreme Court heard 31 petitions that had challenged the constitutional validity of Aadhaar and called it a violation of the right to privacy. SC has announced this decision on 26 September 2018 after the final hearing ended on 10 May 2018 and makes it constitutionally valid.