The long-awaited Supreme Court judgement on the constitutional validity of Aadhaar is finally out.
In a significant move, the Supreme Court struck down several provisions in the Aadhaar Act. However, the bench has ruled Centre’s flagship Aadhaar scheme as constitutionally valid. Here’s a ready reckoner:
1. The SC asked the Centre to bring a robust law for data protection as soon as possible.
2. The SC said Aadhaar cannot be made mandatory for openings of a bank account and for getting mobile connections.
3. The SC said that Aadhaar must not be made compulsory for school admission and the administration cannot make it mandatory.
4. The SC has made linking of Aadhaar and PAN mandatory. The apex court also made Aadhaar mandatory for filing of Income Tax Return (ITR).
5. The SC directed the government to ensure that illegal migrants are not issued Aadhaar to get benefits of social welfare schemes.
6. Private companies can’t ask for Aadhaar.
7. The apex court struck down the provision in Aadhaar law allowing sharing of data on the ground of national security.
8. The SC said there is a fundamental difference between Aadhaar and other identity proof as Aadhaar cannot be duplicated and it is a unique identification.
9. It added that Aadhaar is to empower the marginalised sections of the society, and it gives them an identity.
10. Aadhaar satisfies the doctrine of proportionality, said justice Sikri, adding, “It is better to be unique than to be best.”
While the full verdict is yet to be placed in the public domain – which would provide a more detailed reasoning on the validity of Aadhaar for each service – we hope for the time being this quick primer will help you on where you will be required to furnish your biometrics and where you won’t.