Aadhaar Verdict A Setback For Modi Govt, Here’s How

These are the key takeaways from the Supreme Court bench’s verdict on the constitutional validity of Aadhaar.

After months of back and forth over the Aadhaar ID, the Supreme Court on Wednesday said the Aadhaar ID is constitutionally valid, but WAIT! There’s more. The verdict was actually a setback for the NDA government with the apex court de-linking Aadhaar from everything except for welfare benefits and for filing income tax (IT) returns.

Key Takeaways on Supreme Court’s Verdict on Aadhaar

• Supreme Court upholds constitutional validity of Aadhaar, but reads down certain provisions of the Act.
• Aadhaar not mandatory for mobile connections.
• Aadhaar not mandatory for opening of bank accounts.
• But, Aadhaar is necessary when applying for a PAN card and when filing Income Tax returns
• Authentication records cannot be stored for more than six months, rules the Apex Court.
• It is mandatory quoting of Aadhaar / Enrolment ID of Aadhaar application form, for filing of return of income and for making an application for alotment of Permanent Account Number (PAN card).
• Requirement of linking bank accounts to the Aadhaar card is unconstitutional.
• School admissions cannot be on the basis of Aadhaar.
• CBSE, NEET, UGC cannot make Aadhaar mandatory.
• SC strikes down the National Security Exception. This means, investigating agencies would now require a judicial warrant to access data of a person under investigation.

Supreme Court on Data Protection and Safety

• Authentication records cannot be stored for more than six months.
• Provision to keep data for five years under the Aadhaar Act is bad in law.
• Section 2(d) of the Aadhaar Act read down to exclude metadata of transactions.
• A data protection law is needed as soon as possible.

Supreme Court on Aadhaar and Education

• CBSE, NEET, UGC cannot make Aadhaar mandatory.
• No child can be denied any schemes if they are not able to furnish their Aadhaar number.
• For the enrolment of children into the Aadhaar system, it would be essential to have the consent of the child’s parents.
• Children should be given the option to exit the Aadhaar system on attaining majority.
• School admissions cannot be on the basis of Aadhaar.

SC on Linking Aadhaar to Essential Documents

• Aadhaar not mandatory for mobile connections.
• Telecom companies will now accept other documents like passport, driving licence and voter ID for a mobile connection.
• Aadhaar is no longer needed to open a new bank account.
• But, Aadhaar will be required when applying for a new PAN card and also, when filing Income Tax returns.