Wednesday, September 26, 2018

Aadhaar not mandatory for bank account, mobile connection: Key takeaways


The apex court also struck down Section 57 of Aadhaar Act permitting private entities to avail Aadhaar data.


Aadhar Verdict : The Supreme Court on Wednesday declared government's Aadhaar scheme as Constitutionally valid and also struck down Section 57 of Aadhaar Act permitting private entities to avail Aadhaar data. "Robust data protection regime has to be brought in place as early as possible," Justice Sikri said while reading out the majority judgement.

The court said that the Aadhaar authentication data cannot be stored for more than six months.

The apex court's five-judge Constitution bench said Aadhaar means unique and it is better to be unique than being best. The first of the three judgements was pronounced by Justice A K Sikri. Justice Sikri pronounced the judgement for himself, Chief Justice Dipak Misra and Justice A M Khanwilkar.


Here are the key takeaways:

1. Individuals and corporates cannot collect Aadhaar data

2. Government not to give Aadhaar to illegal immigrants

3. Aadhaar need not be made compulsory for school admissions

4. Linking Aadhaar to telecom services unconstitutional

5. No person can be denied govt benefits only due to absence of Aadhaar

6. No need to link bank accounts, mobile numbers to Aadhaar

7. Aadhaar card is mandatory for PAN linking, Income Tax return

8. Aadhaar can be passed as Money Bill

9. Nothing in Aadhaar Act that violates right to privacy of individual

10. No child can be denied benefits of any schemes on not being able to bring their Aadhaar number

11. CBSE, NEET, UGC cannot make Aadhaar mandatory, also not compulsory for school admissions



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