Year 2018 Bench Strength-5
Chief Justice of India Deepak Misra, Justice A K Sikri, Justice Ashok Bhushan, Justice A M Khanwilkar and justice D Y Chandrachud.
- Case Citation
- (2019) 1 SCC 1
- Aspect(s) of privacy
- Informational Privacy & Dignity
What is Aadhaar?
- Aadhaar which was introduced in the Rajya Sabha in December 2010 by National Identification Authority of India Bill, is a twelve digit unique identification number issued to the citizens of India by the central government. The issuance and management of Aadhaar come under the authority of Unique Identification Authority of India (UIDAI).
- In order to apply for the card, a resident must submit their biometric data, which includes a scan of their fingerprints and retinas. The UIDAI is responsible for storing the data in a centralized database.
- The list released by the government which makes aadhaar mandatory in some schemes includes the following
- Iron ore, limestone and beedi workers, need aadhaar to avail household subsidiary.
- Janani Suraksha Yojana
- Under the ministry of women and child development, Integrated Child Development Services.
- Grih Kalyan Kendra scheme.
- For the purpose of financial support under National Women development Scheme.
2012
- The retired justice K S Puttaswamy filed a writ petition in the Supreme Court of India. Challenged the policy of the government which made aadhaar card mandatory for every individual and the plans of the government to link biometric ID of the citizens with various government schemes. He further laid down his contentions that aadhaar violates equality and right to privacy granted by the constitution of India to every citizen.
The final judgement on Aadhaar
- The Supreme Court, in its final judgement on Aadhaar upheld the validity of it and further stated that the Aadhar Act does not violate the right to privacy when a person agrees to share his biometric data.
- Aadhaar would be mandatory for the sake of filing of income tax returns and also for the allotment of Permanent account number (PAN).
- Aadhaar is no longer a requirement for the students appearing for CBSE, NEET and UGC exams. In addition to this, the court also held that schools are no longer allowed to seek aadhaar for the purpose of admission.
- Availing of facilities from the welfare schemes brought by the government aadhaar is a must.
- No private entity or company can now seek aadhaar details from its employees.
- No child should be denied of the governmental schemes if he or she does not have aadhaar.
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