Finally, the much-awaited verdict on the constitutional validity of Aadhaar was passed by the Hon’ble Supreme Court on Wednesday, 26th September 2018. The court has struck down various sections of the Aadhaar Act as unconstitutional.
The matter was placed before the five-judge bench comprising of Chief Justice of India Dipak Misra, Justice AK Sikri, Justice DY Chandrachud, Justice AM Khanwilkar and Justice Ashok Bhushan. Providing with the in-depth details of an individual at every stage was affecting the identity and right to privacy of an individual. The issue of privacy of an individual was at stake.
The Majority pronounced judgment by Justice AK Sikri (for himself, Chief Justice Dipak Misa and Justice AM Khanwilkar) revealed about what aspects should be kept in the Aadhaar scheme and which provisions need to be modified as well as struck down.
Aadhaar is not mandatory.
A list where Aadhaar is not required is that for obtaining a bank account, for mobile numbers and for admission of children in Schools and even for the examinations like NEET and CBSE, whereas, the Supreme Court has upheld the Section 139AA of the Income Tax act which accordingly mandates the linkage of Aadhaar to the PAN cards.
Now linking Aadhaar with the mobile number is not mandatory and will help the different sections of the society in various dignified ways.
Some of the provisions that are struck down are as follows:
- Section 33 (2) of the Aadhaar Act which states about the disclosure of Aadhaar information to an officer not below the rank of Joint Secretary to the Government of India has been duly struck down.
- There has been a modification in Section 47, which earlier stated that no court shall take cognizance of an offence under the Act except on the complaint made by UIDAI. However, now, it should include a provision through which an individual can also file a complaint.
- The Judgment is one of the longest Judgments in the Indian history and has been in controversy for a very long time.
The answer to the questions raised whether the Aadhaar Act violates the right to privacy or not?
The court in its decision stated that Section 7 of the Act is to ensure that the right to life and personal liberty are protected.
The new upheld provisions will help the poor people to get the admission of their kids in school who fails to do that because of poverty and because of less knowledge and education.
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