Supreme Court verdict on Aadhaar brings relief for the common man as it pronounced Aadhaar linking cannot be mandated for bank accounts and mobile connections but will remain necessary for IT filling and PAN linking. Declaring it constitutionally valid, the Supreme Court judge Justice Sikri said that the Section 57 of Aadhaar Act is unconstitutional and it has been struck down by majority Judgement.
“The Supreme Court is satisfied that there was sufficient defence mechanism for authentication. Some provisions relating to authentication, including Section 33(2) of Aadhaar Act struck down,” said Justice Sikri.
The judgment also deals with Proportionality doctrine, compelling State interest, and Strict Scrutiny Test. The concept of Human dignity has been enlarged in it. Heavy reliance has been placed on Privacy judgment of 2017. The main plank of the challenge to Aadhaar project and Aadhaar Act is that it infringes Right to Privacy,” said Justice Sikri.
Congress has welcomed the Supreme Court’s decision to strike down Section 57 of the Aadhaar Act. Giving a thumbs up, it tweeted, “Private entities are no longer allowed to use Aadhaar for verification purposes.”
We welcome the Supreme Court’s decision to strike down Section 57 of the Aadhaar Act. Private entities are no longer allowed to use Aadhaar for verification purposes. #AadhaarVerdict
— Congress (@INCIndia) September 26, 2018
Justice Chandrachud said that passing of bill as money bill when it does not qualify as a money bill is a fraud on the Constitution violates Basic Structure. Criticising the Central government for passing notifications on Aadhaar in violation of interim orders of Supreme Court, Chandrachud said, Centre should have approached this Court for the variation of its orders.
“Mandating Aadhaar for benefits and services under Section 7 would lead to a situation in which citizens will not be able to live without Aadhaar. Hence Section 7 arbitrary and unconstitutional. Constitutional guarantees cannot be left to risks posed by technological advancements,” said Justice Chandrachud J.
The matter was heard by a bench of five-judges headed by Chief Justice Dipak Misra. The hearing on Aadhaar linking is called the second longest hearing in Supreme Court. It went for 38 days that is four and a half months. There are 31 pleas filed in the matter. However, the court ruled that Aadhaar linking with Permanent account number (PAN) and for filing Income tax returns (ITR) will continue to be important. Moreover, now private entities cannot ask for Aadhaar data from consumers.