Table of Contents
Q . Consider the following statements
1 . Aadhaar card can be used as a proof of citizenship or domicile.
2 . Once issued , Aadhaar number cannot be deactivated or omitted by the issuing Authority.
Which of the statements given above is/are correct?
a . 1 only
b . 2 only
c . Both 1 & 2
d . Neither 1 nor 2
- It replaces an Ordinance promulgated on March 2, 2019.
- The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (the Aadhaar Act) was enacted to provide for good governance, efficient, transparent, and targeted delivery of subsidies, benefits and services, the expenditure for which is incurred from the Consolidated Fund of India, to individuals residing in India through assigning of unique identity numbers to such individuals and for matters connected therewith or incidental thereto.
BACKGROUND (WHY GOVT. BRINGS THIS BILL)
- Justice K.S. Puttaswamy (Retd) vs Union of India
- On August 24, 2017, a nine-judge Constitution bench headed by Chief Justice J.S. Khehar ruled that “right to privacy is an intrinsic part of Right to Life and Personal Liberty under Article 21 and entire Part III of the Constitution“.
- Justice B.N Srikrishna Committee’s Report in 2018 on data protection
- Suggested multiple changes in the Aadhaar Act.
- In September 2018, while upholding the constitutional validity of Aadhaar scheme, the Supreme Court has ruled that Aadhaar Act doesn’t violate your right to privacy when you agree to share biometric data.
- A 5-member constitution bench of the Supreme Court led by Chief Justice Dipak Misra ruled that Aadhaar is mandatory for filing of income tax returns (ITR) and allotment of Permanent Account Number (PAN).
- The Supreme Court had struck down Section 57 of the Aadhaar Act, 2016 that permitted private entities like telecom companies or other corporate to avail of the biometric Aadhaar data.
THE AADHAAR AND OTHER LAWS (AMENDMENT) BILL, 2019
- It will amend
- Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016,
- Indian Telegraph Act, 1885,
- The Prevention of Money-laundering Act, 2002.
FEATURES:-
- Offline verification of Aadhaar number holder:- The Bill additionally allows ‘offline verification’ of an individual’s identity, without authentication, through modes specified by the Unique Identification Authority of India (UIDAI) by regulations.
- During offline verification, the agency must
- obtain the consent of the individual,
- inform them of alternatives to sharing information,
- not collect, use or store Aadhaar number or biometric information.
- Voluntary use:- The Bill states that an individual may voluntarily use his Aadhaar number to establish his identity, by authentication or offline verification.
- Authentication of an individual’s identity via Aadhaar, for the provision of any service, may be made mandatory only by a law of Parliament.
- Entities using Aadhaar:- An entity may be allowed to perform authentication through Aadhaar, if the UIDAI is satisfied that it is:
- compliant with certain standards of privacy and security, or
- permitted by law, or
- seeking authentication for a purpose specified by the central government in the interest of the State.
- Aadhaar number of children:- The Bill specifies that at the time of enrolling a child to obtain an Aadhaar number, the enrolling agency shall seek the consent of his parent or guardian.
- After attaining eighteen years of age, the child may apply for cancellation of his Aadhaar.
- Disclosure of information in certain cases:- The Bill allows disclosure of Aadhar details only for orders by High Courts (or above).
- The Bill allows disclosure of Aadhar details (national security) on directions of officers not below the rank of a Secretary.
- UIDAI Fund: The Bill creates the Unique Identification Authority of India Fund. (before CFI)
- All fees, grants, and charges received by the UIDAI shall be credited to this fund.
- The fund shall be used for expenses of the UIDAI, including salaries and allowances of its employees.
- Complaints: The Bill allows the individual to register complaints in certain cases, including impersonation or disclosure of their identity.
- Before courts can take cognizance of an offence only if the UIDAI registers a complaint.
- Penalties: Under the Bill, the UIDAI may initiate a complaint against an entity in the Aadhaar ecosystem.
- Adjudicating Officers appointed by the UIDAI shall decide such matters, and may impose penalties up to one crore rupees on such entities.
- The Telecom Disputes Settlement and Appellate Tribunal shall be the appellate authority against decisions of the Adjudicating Officer.
CONCLUSION
- It is certain that government is aware of concerns of the Apex Court from the Aadhaar judgment.
- It has taken proper consideration of observations of the Court relevant to the Stricter Punishments, UIDAI authority, Aadhaar Eco-System and Offline modes of Verification.
- But there are multiple provisions which indicate that government is adamant to make Aadhaar infrastructure accessible to private entities.
- Further the government must also bring data protection legislation.
Q . Consider the following statements
1. Aadhaar card can be used as a proof of citizenship or domicile.
2 . Once issued , Aadhaar number cannot be deactivated or omitted by the issuing Authority.
Which of the statements given above is/are correct?
a . 1 only
b . 2 only
c . Both 1 & 2
d . Neither 1 nor 2
Latest Burning Issues | Free PDF
WhatsApp