30. Mains Question- Sep 27, 2018
Discuss the recent verdict of the Supreme Court of India on AADHAR’s validity (250 words)
- Theme of the question: AADHAR verdict
- Keyword in the question: ‘Discuss’: narrate various aspects and details of the statement. Just providing necessary detail about various aspects of the question will suffice the answer.
- Significance of the verdict can be mentioned in the introduction: For example, After Right to privacy last year, how would Supreme Court of India would reconcile privacy verdict with AADHAR legality
- Salient features of the verdict include:
- Judgment has upheld the validity of AADHAR for accessing government subsidies.
- AADHAR for school admissions have not been made compulsory.
- Linking of bank accounts and all other financial instruments such as mutual funds, credit cards, insurance policies, etc with Aadhaar were mandatory as part of the 2017 amendment brought to Rule 9 of the Prevention of Money Laundering Act (Maintenance of Records) Rules, 2005. The Supreme Court has now declared the amendment unconstitutional.
- The March 23, 2017, circular of the Department of Telecommunications, which mandated Aadhaar-based re-verification of mobile numbers, has been held illegal and unconstitutional given that it was not backed by any law. In effect, the court has barred telecom companies from insisting that their customers furnish their Aadhaar details for the customer identification process
- The issue of the right to be forgotten, in case of Aadhaar data that have been collected, remains a grey area. The judgment does not clearly state that entities such as banks and mobile companies will have to delete the collected information.
- Section 7 being the main provision of the Act, the Supreme Court has upheld the validity of the Aadhaar Act being passed as a Money Bill.
- However, in the minority judgment, Justice Chandrachud said: “Passing of a Bill as a Money Bill, when it does not qualify for it, damages the delicate balance of bicameralism which is a part of the basic structure of the Constitution”
- Various such as aspects related to the case in be added to the answer