Aadhaar Verdict: SC struck sections 57 of Aadhaar act, restricting private sector to use citizens’ Aadhaar details


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“Justice D.Y. Chandrachud, in his judgment, said that passing the Aadhaar Act as a Money Bill was a fraud on the Constitution.”

 

New Delhi: A constitutional bench, led by Chief Justice of India Dipak Misra of the Supreme Court, upheld the validity of Aadhaar but with certain restrictions. It has struck down Section 33 and Section 57 from the Aadhaar act, but has allowed the unique number to be used for government schemes and subsidies.

The five-judge Bench, also comprised Justices A.K. Sikri, A.M. Khanwilkar, D.Y. Chandrachud and Ashok Bhushan. Among them Justice Chandrachud dissented and declared Aadhaar was not valid.

 

“No more linking of Aadhaar”

The bench has officially struck down Section 57 of the Aadhaar Act, which means that the government can only ask for your Aadhaar card in order to identify you for welfare schemes etc. Therefore linking Aadhaar ID with a bank account or SIM card is not required.

The court also ordered service providers to delete any information collected by them after linking Aadhaar with SIMs.

Further, it has also restricted the private companies to ask for the aadhaar details of their customers, while enrolling.

“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,” Justice Chandrachud said.

 

“Users privacy is being upheld”

The previous rule that required companies to archive Aadhaar-based transaction logs has been struck down, and they can’t save your metadata either. The idea is to preserve your Right to Privacy, even if you choose to use an Aadhaar-based payment system authenticated by your thumbprint.

Moreover the bench has also struck down Section 33 of the Aadhaar act, which earlier had allowed the government to access the citizens data in the name “national security”. Therefore, now the government cannot access the data of any person in any aspect.


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Mehul Singh

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