Dissenting Justice Chandrachud ruled Aadhaar ‘unconstitutional’, called it ‘fraud’

26 September, 2018, 13:44 | Author: Charlene Valdez
  • 039;We stand vindicated': Congress TMC applaud SC verdict on Aadhaar

The court also laid down norms under privacy, proportionality, data security against which Aadhaar was tested and qualified.

The Supreme Court on Wednesday declared the Centre's flagship Aadhar scheme as Constitutionally valid.

No more can private companies demand Aadhaar this has also come as a relief for people who have been pestered by phone and bank companies, ABP reported.

The SC struck down Section 33 (2), which permits the disclosure of Aadhaar data for national security issues.

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It struck down Section 57 of the Aadhaar Act. Aadhaar is now mandatory for everyone who avails of any subsidies or benefits from the government.

In its verdict, the bench noted the submission of Attorney General K K Venugopal that the court should not cross the "lakshman rekha" vis-a-vis the separation of powers. Authentication data can be retained only for six months.

The delinking of Aadhaar from private entities is a "slap on the face of BJP", added Congress national spokesperson Abhishek Manu Singhvi.

While 'Should Aadhaar be voluntary or mandatory?' debate first sparked during the UPA-II government, it was most definitely accelerated under the current Modi Government. "CBSE, NEET, UGC can not make Aadhaar mandatory, also it is not compulsory for school admissions", Justice AK Sikri, who is part of the five-judge bench that heard a clutch of petitions challenging the constitutional validity of the Aadhaar Act and who wrote the majority judgment, said.

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Aadhaar must not be made compulsory for school admission and the administration can not make it mandatory. So you don't need to give your Aadhaar to private bodies like banks, schools, mobile companies.

In another important judgment, the top court said schools could not make Aadhaar compulsory. However, in March, in an interim order, the apex court had said that the mandatory linking of bank accounts and mobile phones would stand extended "indefinitely" till judgment on the petitions pending before it was pronounced.

Reading out the Aadhaar verdict, Justice Sikri said that it does not violate the Right to Privacy of an individual. The verdict is brilliant by the Supreme Court and it gets my thumbs up.

Prime Minister Narendra Modi-led central government on Wednesday welcomed the verdict on Aadhaar by the Supreme Court. The top court said going by the constitutional framework, it would be inappropriate for the court to take recourse to any other method as it can not legislate but only recommend bringing in of a law.

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The Justice K S Puttaswamy case writ petition (civil) no (s) 494/2012 has already made history as the nine-judge bench of Supreme Court, while hearing the case, recognised the Right to Privacy as a fundamental right a year ago.



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