Constitutionality of Aadhaar: THE AADHAR CARD JUDGEMENT

Over the years’s world has switched from paper-based identification systems to digital ones. In a country like India it had always been difficult to prove one’s identity which in turn was putting a stop to marginalised sections of the society in retrieving subsidies and advantages which were given by the government. To address this issue, The Aadhaar project was launched by the government in 2009. Aadhaar was contemplated as a biometric-based number that was considered to be more faithful and reliable. 

The aadhaar number also called UID given by the Unique Identification Authority of India (UIDAI) that’s works as identity proof and can be linked to various services like pension schemes, savings bank account, etc.

The Aadhaar card includes a unique number that works as an identity proof and as an address proof in India. Earlier there were numerous cards to enjoy government subsidies, and benefits like driver’s license, voter ID, ration card which is now replaced by a single Aadhaar card.

Biometric and demographic information which includes photographs, ten fingerprints, name, date of birth, gender, and residential address are some requirements to obtain the Aadhaar card. 

India has no laws on privacy and data security, but the Aadhaar act 2016 lays down some protection. It restricts the Aadhaar card authority and its officers from splitting any person’s identity, information, and authentication records with anyone.

It also forbids a person authenticating another person’s identity from collecting or using their information without their consent. It also includes protecting a person’s aadhar number and sharing fingerprints of a person with anyone. 

SCHEMES LINKED TO AADHAR

• Identity proof: Aadhar plays the role of an identity proof by the center and the state government for many services like application for passport, opening a bank account, obtaining a permanent account number, etc. 
• Electoral rolls verification: Aadhar card assists in checking multiple entries in electoral rolls. Aadhar card numbers are now included with voter ID card 
• Opening bank account: It is now mandatory to have an Aadhar for opening a bank account as well as doing transactions of Rs 50000 or above.
• Provident funds: By linking the Aadhar to the Universal account number (UAN) it is easy for the employee to directly transfer the amount to a savings account
• Income tax returns: It is mandatory to link Aadhar with PAN to eliminate multiple PANs. Aadhar-based mechanisms can sign and submit income tax returns online.
• Pradhan Mantri Ujjwala Yojana: The scheme launched by the Modi government to provide free LPG connection to poor and below-poverty-line families has made Aadhar mandatory to verify the claim of beneficiary
• Jan Dhan Yojana: Aadhar is the only document required for Jan Dhan Yojana, a scheme that assists people in rural areas to enjoy services a bank offers
• Maternity Benefit Programme: A program launched by the government which aims to provide Rs 5000 to women directly to their bank accounts. A program to ensure the safety of women and make sure proper care is taken. To receive the amount, the beneficiary needs to link Aadhar with their bank account
• Aam Aadmi Bima Yojana: A scheme that provides insurance coverage as well as coverage against partial/permanent disability to the head of the family/earning member of the family. To avail this insurance, it is mandatory to link the Aadhar with their bank account
• Emeritus Fellowship: This scheme provides Rs 31000 for up to two years to selected candidates, also some qualified and experienced teachers get up to Rs 50000 per annum. Only those people who have linked their Aadhar with their bank accounts get to avail of this subsidy
• Crop insurance: Aadhar is mandatory for farmers who want crop insurance benefits and people who want and are eligible to avail subsidized food grains and cash subsidies. This scheme was launched by the Modi government last year. The crop Insurance scheme aims and help the farmers cover losses in natural calamities like earthquakes, floods, droughts, etc.

THE FOUNDATION AND RECORD OF AADHAR CASE

• Establishment of aadhar 2006-2007: UPA government brought into force the aadhar card scheme for marginalised and below the poverty line families. 
• September 2009: An authority was formed by the center, Unique Identification Authority of India for issuing aadhar cards to the citizens. Nandan M. Nilekani was appointed as the first chairman of UIDAI. 
• 2012: A writ petition was filed in the Supreme Court of India by retired justice K S Puttaswamy. A policy of the government was challenged by him that made aadhar card compulsory for every citizen of the country and the biometric ID of the citizens being linked with some of the schemes of the government. He further stated that Aadhar violated equality and right to privacy provided by the constitution of India
• September 2013: The Supreme Court further stated that no individual should be made liable or should suffer for not having an Aadhar card even after the government made it necessary for the enjoying certain benefits.
• March 2014: The Supreme Court ordered the agencies to repeal the orders made by them where they made aadhar necessary for enjoying the benefits
• March 2016: The government made it necessary to link the mobile number with Aadhaar.
• June 2016: Guidelines were issued by the centre to link Aadhar with the domicile and caste certificates
• September 2017: The Supreme Court sustained the validity of aadhar and stuck down the provision which made it compulsory to link aadhar with bank accounts, school admissions, and mobile phones.
• 2018: The hearing of the Aadhar case was done all over again by the five-judge bench and the supreme court further gave its verdict

FINAL JUDGEMENT OF THE AADHAR CASE

The final judgment was given by the Supreme Court of India whereby it stated that the right to privacy guaranteed to citizens of India is not violated by the Aadhar Act which includes sharing of biometric data.

Private companies were barred from using of aadhar card for KYC authentication by the Supreme Court of India.  At the same time, the Apex court stated that aadhar will still be used for some other objectives which included PAN card and filing of income tax returns. 

• Chief Justice of India Deepak Misra stated that in order to file an income return and also to obtain permanent account number (pan) the aadhar would be compulsory. Therefor a person paying tax and a person obtaining pan card cannot avoid aadhar.
• Further it was stated by the apex court that aadhar is of no need for the students which will be appearing for NEET, CBSE and UGC exams. Also Aadhar will be no longer required by the school at the time of admissions.
• Aadhar will be mandatory for availing government welfare schemes and also for using government subsidies which were brought into force for the upbringing and upliftment of poor and to reduce poor.
• The supreme court further held that no private entities and companies can ask for Aadhar detail from its employees.
• A special exception was stated by the Supreme Court of India that no child will be denied for the government schemes on the fact that he or she does not have an aadhar.