What does the Aadhaar verdict mean? We decode it for you

The Supreme Court passed a landmark verdict on the ubiquitous Aadhaar on Wednesday. The court said that the Act, which forms the basis for collecting the data to make the identity card, is valid and dos not infringe on the right to privacy. However, the top court put in place safeguards and suggested amendments that would protect the data collected from falling into the wrong hands and prevent the country from becoming a surveillance state.

Places where Aadhaar is mandatory, where it is not

1 Mandatory for filing of income tax returns (ITR) and allotment of Permanent Account Number (PAN).

2 Not mandatory to provide Aadhaar for getting a mobile SIM card, for PPF or NSC account or to give it to commercial banks, payments bank and e-wallet companies like Paytm.

3. Students of CBSE, NEET, UGC also do not require Aadhaar number to appear in exams. Even schools cannot seek Aadhaar card for admissions.

4. Aadhaar card is however must for availing facilities of welfare schemes and government subsidies as it empowers the poor and marginalised.

5. Made exception for children saying that no child can be denied benefits of any scheme if he or she doesn’t have Aadhaar card.

6. The apex court has struck down Section 57 of the Aadhaar Act as ‘unconstitutional’. This means that no company or private entity can seek Aadhaar identification from you.

7. Students of CBSE, NEET, UGC also do not require Aadhaar number to appear in exams. Even schools cannot seek Aadhaar card for admissions.

Other key of the judgement:

• No threat to privacy – Four of the five judges said that the Aadhaar Act is not a threat to privacy. It is an identification proof and empowering tool for the little Indian. However, Judge Chandrachud did have a difference of opinion – he felt that that the Aadhaar Act infringed on the right to privacy.
• Threat of Profiling and Mass Surveillance by Governments
  Profiling is not possible using Aadhaar. Sufficient safeguards to disallow it – Aadhaar only collects minimal data with rational and proportionate connection to purpose.
• Data protection law: Biometric details for Aadhaar does not violate an individual’s fundamental right to privacy. A robust data protection scheme needs to be created. The government plans to Data Protection Law after submission of report by Justice Srikrishna Committee
• Exemption in case of National Security: The Court read down Section 33 (2) which means that your Aadhaar data cannot be shared with security agencies in the name of upholding national security. An individual has full right over their data and should be the ultimate decision maker about their data usage.
• Voluntary for below 18-year old: Aadhaar is a forward-looking scheme, not compulsory for non-adults to obtain an Aadhaar – allows opt out.
• Redressal Mechanism: Aadhaar is a public good and and needs a competent regulatory authority. Earlier, according to Section 47 of the Aadhaar Act, only the Government could complain about the theft of Aadhaar data. But Supreme Court ruled that private individuals too can complain about it.
• Leaking of Data by Government Websites, Single Point of Failure Database:The Supreme Court has recognised the sanctity and security of the technology and processes being used to secure the Aadhaar ecosystem.
• Aadhaar for residents not citizens: Apart from illegal immigrants, everyone should be allowed Aadhaar.
• No means of Identifying Fake Aadhaar Cards // VLEs Hacked Enrollment Software: Enrollment process and the process of authentication is foolproof. Whenever there is a second attempt for Aadhaar, the system knows about it.
• Passing the Aadhaar Act as a Money Bill: Constitutional to pass Aadhaar as a Money Bill. Earlier it had the standing of money bill but now it has a constitutional validity
  Section 139 AA of Income Tax Act 1961 has been upheld and the linking of Pan-card linking for income tax is valid.

Aadhaar before and after the judgement

Even as the government and the Congress claim victory on the Aadhaar verdict, the common man is relieved at not having to give his biometrics for every service, activists at the ground level are disappointed. They said that apart from striking down Section 57 of the Aadhaar Act the majority opinion provides little relief to the poor from Aadhaar (under Section 7), in terms of accessing essential entitlements.

Also it is not clear what will happen to the data already collected with the corporates and service providers. It will be truly in the public interest, as pointed out by the judges, once the regulator is in place, data protection provisions are executed and the government benefits reach all people.

Click here for Latest News updates and viral videos on our AI-powered smart news genie