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There is no need to link mobile, bank account with Aadhaar

Sakshi Chaturvedi

Sakshi ChaturvediBy Sakshi Chaturvedi

Published on 26 Sep 2018 5:52 AM GMT

Verdict on constitutional validity of Aadhaar in Supreme Court
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New Delhi: The Supreme Court on Wednesday upheld the constitutional validity of the Aadhaar document with modifications. The apex court said that Aadhaar will not be needed to get mobile connections, for opening bank accounts, admissions in schools.

The court said this in a majority judgment given by Justice A.K. Sikri, also speaking for Chief Justice Dipak Misra and Justice A.M. Khanwilkar as they upheld the tabling of Aadhaar as a money bill.

The five-judge constitution bench comprising Chief Justice Dipak Misra, Justice A.K. Sikri, Justice A.M. Khanwilkar, Justice D.Y. Chandrachud and Justice Ashok Bhushan had reserved the verdict after hearing the petitions for over 38 days starting January 17 this year.

There are three separate judgments today from Justices Sikri, Chandrachud and Bhushan. The CJI and Justice Khanwilkar will not deliver separate judgments and have concurred with Justice Sikri.

The apex court struck down Section 57 of Aadhaar Act which allows private entities to demand Aadhaar to access services.

However, no person will be denied benefits under social welfare scheme because of the failure of authentication through Aadhaar, the judges said.

What else the Supreme Court said:

  • No need for Aadhar to open bank accounts.
  • Private companies can't demand Aadhaar.
  • No need of Aadhaar to get new SIM cards.
  • Supreme Court strikes down the section 57 of Aadhaar Act; as a result, private companies cannot ask for Aadhaar card.
  • Aadhaar is not mandatory for UGC, NEET & CBSE examinations. Biometric data shall not be shared with any agency without the permission of the court.
  • Aadhaar card is mandatory for PAN linking. But don't have to provide Aadhaar to banks, telephony companies or any other corporation.
  • No mobile company can demand Aadhaar card.
  • Aadhaar is not compulsory for school admissions.
  • Education has taken us from thumb impression to signature, now technology has taken us from signature to thumb impression.
  • Government needs to ensure that illegal migrants do not get Aadhaar card.
  • Justice Sikri stated that it is better to be unique than to be best. He also asked centre to introduce strong data protection law as soon as possible.
  • The state does not require to collect quantifiable data on the backwardness of the Scheduled Castes and Scheduled Tribes (SC/ST) persons for giving them reservation in promotion.

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Sakshi Chaturvedi

Sakshi Chaturvedi

A journalist, presently working as a Sub-Editor at newstrack.com.

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