Select Location
General Legal

SC on Aadhaar Act Highlights What is Important and What is Not?

With the new judgement out, SC on Aadhaar clarifies the air about what all needs to be linked with it and what all does not. Aadhaar Act modified after understanding what all needs to be specified in its provisions that help both the Government and the citizens. Read on to find the key points of this decision.
12,581

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.

 

Want the right legal advice to help you understand the legal processes in India? 

Just connect with MyAdvowhere you can find the top legal advisor in India, suggesting you with the ideal legal solutions. Discuss your matter with the MyAdvo case manager appointed to you and you'll be consulting the best amongst its 10,000+ lawyers that are spread across 60+ cities in India. MyAdvo team connects you with some of the most renowned legal minds in the country, as we help you narrow down your lawyer search within minutes. 

MyAdvo has helped a lot of corporates and innumerable individuals for their legal issues and is ready to assist you. So, express your legal concerns and we'll ensure to make legal simple for you. 

Now you can stay connected with the best legal minds through the MyAdvo App

Get all the updates on legal news and remain in a loop with the Indian law and procedures through our legal blogs

Download the best legal help app today!

Reviewed by:
Jyoti Yadav
Published on 27th Sep, 2018
12,581 views