Key Points in the Aadhaar Verdict

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The AAdhaar Card Verdict
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When a Constitution Bench of the Supreme Court, led by Chief Justice of India Dipak Misra upheld the validity of Aadhaar on Wednesday, September 26, 2018 there were disappointments in one camp and rejoice for others. The verdict comes with select riders. Here are the highlights from the verdict.

– There is no possibility of duplicating Aadhaar due to the biometrics and it collects only minimum demographic and biometric details.

– The Bench struck down section 57 of the Aadhaar Act, which allows private entities to use Aadhaar for verification purposes such as mobile connection.

– Section 33(2) got truck down, that allows UIDAI to share data with specially authorised officers in the interest of national security.

– Three of five judges were of the view that Aadhaar is valid. “Aadhaar gives dignity to the marginalised. Dignity to the marginalised outweighs privacy.”

– Aadhaar requirement by CBSE, NEET, and UGC has been struck down, but Aadhaar-PAN linkage has been upheld.

– Seeding Aadhaar with mobile phone numbers and bank accounts is not needed. Schools too, cannot ask for Aadhaar card for admission of students.

– Justice D.Y. Chandrachud held section 7 of the Act, which makes Aadhaar mandatory for state subsidies, as unconstitutional.

– Data collected for authentication purposes can be held for only six months. The Aadhaar Act had said that data can be held for five years.

– Justice Chandrachud ordered service providers to delete any information collected by them after linking Aadhaar with SIMs.

– Justice Ashok Bhushan concurred with the majority but differed on a couple of points — he held that beneficiaries cannot be denied services or subsidies in the name of Aadhaar, and that the passage of the Act as a Money Bill can be subjected to judicial review.

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