Monday, 23rd December 2024

Aadhar a unique identification number is constitutionally valid, rules Indian Supreme Court

Wednesday, 26th September 2018

NEW DELHI: Aadhaar is constitutionally Valid and empowers the marginalised section of the society and gives them an identity”, ruled the Supreme Court of India on Wednesday, delivering its verdict on a batch of petitions filed against the unique identification project.

However, the apex court ruled that the Aadhar card is not needed for school admissions and mobile phone connections as it is 'unconstitutional'. The 12-digit unique identification number will be mandatory for UGC, NEET and CBSE Exams.

The Supreme Court also asked the central government to bring the robust law for data protection as soon as possible while striking down Section 57 of Aadhar Act allowing sharing of data with private body corporate. The court also asserted that the Aadhar card will not be provided to illegal migrants.

A five-judge bench comprising the court’s senior-most judges passed the verdict, who had in marathon hearings spread across four months heard over 30 petitions against the Aadhaar Act and the Centre’s defence of the controversial law.

"Aadhaar empowers the marginalised section of the society and gives them an identity, Aadhaar is also different from other ID proofs as it can't be duplicated," Justice AK Sikri read out the verdict.

"It is better to be unique than being the best and Aadhaar is unique," he added.

The main thrust of the case brought by petitioners was that Aadhaar encroached on the privacy of citizens because it entailed collection of fingerprints, iris scans and other details of citizens with/without their consent.

The government has rejected criticism of Aadhaar, the 12-digit Unique Identification Number that’s now compulsory for linking of bank accounts, mobile phone numbers, and filing income tax returns, saying it ensures misuses of social welfare benefits and counters black money and money laundering. Aadhaar data, the government is safe and cannot be breached, the government and Aadhaar Aadhaar UIDAI have said.

"The arguments of the petitioners are very different. There is a fundamental difference between Aadhaar card and identity. Once the biometric information is stored, it remains in the system," Justice Sikri explained.

The Court further said that minimal demographic and biometric data of citizens are collected by the Unique Identification Authority of India (UIDAI) for Aadhaar enrolment and the Aadhaar number given to a person is unique and can't be provided to any other person.

During the course of the hearing the court, on March 13, had indefinitely extended the deadline for linking Aadhaar with bank accounts and mobile phone numbers.