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.

The Quint
India
Updated:
These are the key takeaways and highlights of the Supreme Court’s verdict on the constitutional validity of Aadhaar. (Photo:<b> The Quint</b>)
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These are the key takeaways and highlights of the Supreme Court’s verdict on the constitutional validity of Aadhaar. (Photo: The Quint)
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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.
(Photo: The Quint)

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.
(Photo: The Quint)

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.
(Photo: The Quint
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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.

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Published: 26 Sep 2018,11:51 AM IST

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