A Constitution Bench of the Supreme Court today upheld the validity of the Aadhaar Act and scheme, while striking down some provisions and reading down others.
The judgment was pronounced by a Bench of Chief Justice Dipak Misra and Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan.
The majority judgment delivered by Justice AK Sikri (for himself, Chief Justice Dipak Misra and Justice AM Khanwilkar) revealed what aspects of the Aadhaar scheme the Court has kept and which ones have been modified or done away with.
Here is list of where things stand:
– For obtaining bank accounts – Not Required
– For mobile numbers – Not Required
– School admissions – Not Required
– Examinations [NEET, CBSE etc] – Not Required
– Aadhaar-PAN linkage – Required
– Section 33(2) [disclosure of Aadhaar information to an officer not below the rank of Joint Secretary to the Government of India] – Struck Down
– Section 33(1) [disclosure of information on the basis of a court order] – Read Down. The Court has held that the individual should be given opportunity of hearing
– Section 57 [use of Aadhaar number for establishing the identity of an individual for any purpose, whether by the State or any body corporate or person] – Struck Down
– Section 47 [no court shall take cognizance of an offence under the Act except on a complaint made by UIDAI] – Modified. Should include a provision for an individual to file a complaint
While the majority judgment upheld the passing of the Aadhaar Bill as a Money Bill, Justice DY Chandrachud dissented on this aspect.
“Passing of bill as money bill when it does not qualify as a money bill is a fraud on Constitution, it violates the Basic Structure”, he held.