NEW DELHI – The Supreme Court on Wednesday upheld the validity of the Aadhaar scheme but struck down as many as six provisions, including those on linking of bank accounts, mobile phones and school admissions, to the unique identification number.
By a 4:1 verdict, a five-judge Constitution Bench led by Chief Justice of India Dipak Misra, however, ruled that Aadhaar would remain mandatory for filing of income-tax returns and allotment of Permanent Account Number (PAN).
In a relief to the Government, it upheld the constitutional validity of 12 other provisions, including Section 59 of the Aadhaar Act which extended validity to the data collected during 2009 to 2016 when the law was not there.
The Bench ruled that banks and telecom companies cannot insist on Aadhaar for opening of accounts or giving mobile connections. Similarly, schools, Central Board of Secondary Examination, National Eligibility cum Entrance Test (NEET) and University Grants Commission can’t ask for Aadhaar, it said.
The verdict is likely to adversely affect the Government’s push to link Aadhaar with mobile connections and bank accounts as the top court held that mandatory linking of Aadhaar with mobile connections and bank accounts cannot be made. It struck down the amendment brought in Prevention of Money Laundering Rules, which mandated linking of Aadhaar with bank accounts.
Noting that Aadhaar was aimed at extending benefits of welfare schemes to marginalised sections of society and to serve larger public interest, the Bench upheld the law taking into account the dignity of people — not only from personal but from the community point of view.
“It is better to be unique than the best. Because, being the best makes you the number one, but being unique makes you the only one,” Justice Sikri, who wrote the majority verdict for himself, CJI Dipak Misra and Justice AM Khanwilkar said at the very beginning.
There was nothing in the Aadhaar Act that violated the right to privacy of an individual, the majority ruled.
There were two other verdicts — one each by Justice DY Chandrachud and Justice Ashok Bhushan. While Justice Bhushan concurred with the other three judges, Justice Chandrachud dissented and declared the Aadhaar Act unconstitutional.
Project benefits the marginalised
“Aadhaar gives dignity to the marginalised. Dignity to marginalised outweighs privacy… one can’t throw the baby out with the bathwater… remedy is to plug loopholes rather than axe a project aimed for welfare” — Justice AK Sikri
Tech can’t dictate constitutional rights
“If a Constitution has to survive political aggrandisement, notions of power, authority must give compliance to rule of law… constitutional guarantees can’t be compromised by vicissitudes of technology” — Justice DY Chandrachud
What needs to be linked, what does not
No need to link bank accounts, mobile phones to Aadhaar
Not mandatory for schools, CBSE, NEET or UGC exams
But mandatory for filing of IT returns and allotment of PAN
Mandatory for availing facilities under govt welfare schemes and subsidies
SC strikes down national security as exception under Act
Section 57 permitting private entities such as telecom companies to avail Aadhaar data unconstitutional
Metadata can’t be stored for over 6 months
Aadhaar not for illegal immigrants
