Aadhaar Card Verdict – The Supreme court has given the relaxation to the corporate and individuals to demand an Aadhaar card in exchange of goods or services. There is no school, office or a company can force you to reveal your 12-digit Unique Identification number. It is also not mandatory for opening a bank account or getting a new mobile connection.
However, you still need Aadhaar for various purposes such as PAN Card and ITR filing. The Supreme Court has highlighted two main aspects of UID project one is Aadhaar digital identity infrastructure and second is its application as public infrastructure for various purposes.
Highlights of the Implications of the Aadhaar Card Verdict
- Highlights of the Implications of the Aadhaar Card Verdict
- Filing of ITR
- Commercial Banks
- School admissions and Aadhaar
- Telecom service provider
- Welfare schemes
- Relaxation for the children
- National security exception
- Surveillance State
- Minimum biometric information
- Aadhaar authentication data cannot be stored more than 6 months
- An individual can file cases in a court related to Aadhaar
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Filing of ITR
The Constitution (5-members) bench of Supreme Court led by Chief Justice Dipak Misra ruled that Aadhaar is mandatory for filing ITR as well as allotment of the PAN. For the tax payees or the people who want to get PAN cannot skip from the Aadhaar.
The bank payments and e-wallet companies such as Paytm are continuously insisting customer get their KYC done. Not they cannot seek Aadhaar data of the users but the user still needs to fulfill the other KYC criteria. But the Aadhaar authentication for the bank account is now a thing of the past.
School admissions and Aadhaar
The students of CBSE, NEET, UGC do not need Aadhaarnumber to appear in the exams. The schools cannot seek Aadhaar card for the admissions.
Telecom service provider
There is no need to give Aadhaar details to buy a new SIM card. You need to provide KYC like driving license, voter ID, etc. to get the same. Justice Chandrachud favored to deletion of consumers’ Aadhaar data by the mobile service provider.
An Aadhaar is must to avail the facilities of welfare schemes and government subsidies. As its main aim is to empower the poor and marginalized.
Relaxation for the children
The Supreme Court has made an exception that no child can be denied benefits of any scheme in the absence of the Aadhaar card.
Keep reading about Aadhaar Card Verdict…
The Section 57 of the AadhaarAct of the apex court means that no company or private entity can seek Aadhaar from you.
National security exception
The constitution bench of the top court struck down towards the national security exception under the Aadhaar Act. It will directly ensure the privacy of an individual’s Aadhaar data while the government access to it.
Justice Sikri stated while reading the Supreme Court judgment said that Aadhaar would not lead to a surveillance state as the data was kept in silos. The program invasion of privacy was minimal and served as much larger public interest by providing the identities to India’s poor and marginalized Citizens.
Minimum biometric information
Going through the Aadhaar scheme and structure, it’s hard to profile a person on the basis of minimal biometric information collected.
Aadhaar authentication data cannot be stored more than 6 months
The Aadhaar authentication data can be stored only for 6 months. Whereas earlier authorities can store the data up to the period of 5 years.
The section 47 was repealed by the Supreme Court. This section did not allow any court to take cognizance of an offense punishable under the act in case complaint made by an individual. Earlier only the authorized officers by UIDAI had the authority to file complaints related to Aadhaar. Now any individual can file complaint related to Aadhaar in the courts.
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The Supreme Court upheld Aadhaar’s validity that adequate data protection security measures are being taken, and it is difficult to initiate citizens ‘ surveillance on a Aadhaar basis. A CJI-led five-judge bench, Dipak Misra, demanded further security measures from the government and the time required to store data.
The SC requested that the Center introduce as soon as possible a strong data protection law.
The SC stated that Aadhaar cannot be required to open a bank account or to have mobile connections.
The SC said Aadhaar must not be made mandatory and the administration can not make it obligatory for school admissions.
The SC made it mandatory to link Aadhaar to PAN. Aadhaar was also required by the apex court to file an ITR.
The SC instructed the government not to give Aadhaar to illegal migrants for social protection.
Aadhaar cannot be requested by private companies.
Justice Sikri said that there is a fundamental difference between Aadhaar card and identification in interpreting the decision on Aadhaar’s constitutional validity. Once the bio-metrical data has been stored, the system remains, he said.
In Aadhaar Law, the Apex Court declared that data can be shared on the basis of national security.
The SC said the differences between Aadhaar and other identity evidence are fundamental, given that Aadhaar is unable to be duplicated and is a unique identifier. He added that Aadhaar has the power to empower and give them an identity in the marginalized segments of society.
Sikri said, “It is better to be unique than better to be one that satisfies the doctrine of proportionality.”
You cannot search for Aadhaar details in order to buy a new SIM card. More KYC papers including Voter ID Card, driving license etc. are issued in order to receive a new SIM card. Judge Chandrachud has favoured the removal by mobile providers of consumer Aadhaar data.
CBSE, NEET, UGC students do not also require the number of Aadhaar to be shown on tests. Even schools cannot seek admissions with Aadhaar cards.
For more information, you can visit the official portal of the aadhaar card verdict for everything you need to know related to the scheme and get all the information you need.
[ Aadhaar Card Verdict ]