A five-judge constitutional bench of the Supreme Court delivered the verdict for the Centre’s flagship Aadhaar on Wednesday. According to the court, the provisions of Aadhaar does not breach privacy and has given unnecessary exposure to personal information.
For a record 38 days, the top court heard some 27 petitions – including one by former High Court judge KS Puttaswamy- that has challenged the constitutional validity of Aadhhar and called it a violation of the right to privacy. So, to tackle this situation, the apex court and its judgment have listed out a host of services for which linking your Aadhaar is not mandatory now.
What Needs Aadhaar Linking:
- Pan card should be linked with Aadhaar card.
- You need Aadhaar to file income tax returns.
- Aadhar is necessary for attaining welfare schemes and subsidies given by the Government.
Provisions Delivered By The Supreme Court:
- The section 57 – which claimed that Aadhar card is necessary for private companies to get the details of their consumers has been struck down. Now according to the new verdict, private companies like telecom, private banks, and other such firms cannot ask for biometric and other data from consumers. Which means that Aadhaar now is needed to get a SIM card or for shopping online.
- The provision of Section 33(2) – of Aadhar which entitled security agencies to get data from people on the ground of national security has been revoked.
- Also with the new provisions, Aadhaar is not needed for admission in schools which means no child can be denied of any schemes on not being able to bring Aadhaar.
- Section 47 of the Aadhaar which only allowed the government to complain in case of theft of Aadhaar data, has been struck down.
- Also, Aadhaar now is no more necessary for appearing in CBSE, UGC and NEET examinations.
According to ex-CFO of Infosys, V Balakrishnan said the top court has come out with a balanced view on the issue. The Supreme court has in effect addressed many of the concerns related to the wide use of Aadhaar data. And resulting data privacy issues.
This judgment removes a big barrier to Centre’s flagship Aadhar scheme’s and settles the law in the favor of common man’s safety and most importantly privacy.