SC upheld Aadhar’s constitutional validity

Giving a big relief to Narendra Modi government, the Supreme Court today upheld the constitutional validity of Aadhaar Act 2016, but cautioned that it is not mandatory for various services.

The SC said that mandatory linkage of Aadhaar with bank account and SIM card is not required. The court ruled that UIDAI can’t retain data (biometrics) beyond six months. The archiving of information with UIDAI for five years was also struck down. Schools cannot insist on Aadhaar enrolment for children which was deemed unconstitutional.

SC also upheld that the Aadhaar Act was ‘correctly’ passed as a Money Bill, which didn’t seek the Upper House of India’s judgement. For security reasons if any agency requires Aadhaar details of a person, now a secretary level officer and a retired judge have to consider the merit in the request. Earlier it was to be cleared by a joint set level officer in Ministry of Home.

A five-judge bench, led by Chief Justice of India Dipak Misra, reserved its verdict in the case on May 10 after a 38-day hearing. The bench, also comprising Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan.

Justice Sikri who has authored the judgement for CJI Misra and and Justice AM Khanwilkar, started his jugement stating: “It is better to be unique than the best.” A unique identification empowers and gives identity to marginalised sections of society, he said.  Justice Sikri who has authored the judgement for CJI Misra and and Justice AM Khanwilkar, started his jugement stating: “It is better to be unique than the best.” A unique identification empowers and gives identity to marginalised sections of society, he said.

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