Published: Wed, September 26, 2018
Global Media | By Jackie Banks

Supreme Court upholds constitutional validity of Aadhaar, but strikes down Section 57

Supreme Court upholds constitutional validity of Aadhaar, but strikes down Section 57

Critics had succeeded in persuading the Indian supreme court to temporarily freeze a government order that bank accounts and mobile phone connections also require an Aadhaar record.

CBSE, NEET can not make Aadhaar mandatory.

"We welcome the Supreme Court's decision to strike down Section 57 of the Aadhaar Act".

"Sunlight is best disinfectant", says Justice DY Chandrachud, one of the three judges said in his separate but concurring judgment.

The SC struck down the provision that prevented individuals from filing cases under the Aadhaar Act.

Such data can now be used only for government services, and children cannot be struck out of government schemes for not having an Aadhaar card.

The SC verdict brings to a close the second-longest hearing for a case. The top court said that seeking Aadhaar details does not violate the right to privacy.

The ground-breaking judgment was passed on Wednesday, September 26, disallowing Aadhaar card holders to issue their 12-digit unique identification number to banks, telecom operators and digital wallets.

Mourinho Explains Why New Signing Will Be Dropped
Pogba, who has scored four goals in six games, may be the biggest beneficiary of the tournament in Russian Federation . "Because Martial played 90 minutes [against Young Boys] and Sanchez played zero", Mourinho said according to Goal.

Tropical Storm Kirk of 'immediate concern' to BVI
NHC forecasters say that an even faster westward motion across the deep tropical Atlantic Ocean is expected through Tuesday. It is possible that this system could acquire tropical or sub-tropical characteristics in the coming days.

Jose Mourinho slams Manchester United's attitude in draw against Wolves
United took the lead through Fred in the 18th minute before Joao Moutinho levelled the scores in the 53rd minute. On the task of stopping United, he continued: "We know what we're coming up again".

According to Compendium of Regulations of the Unique Identification Authority of India (UIDAI), "The Aadhaar number holder may, at any time, revoke consent given to a KUA for storing his e-KYC data or for sharing it with third parties, and upon such revocation, the KUA shall delete the e-KYC data and cease any further sharing".

It was however, clarified that the extension would not be applicable for availing of services, subsidies and benefits under Section 7 of the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016. In March of 2014, the SC directed the Centre to withdraw any instructions which made Aadhaar mandatory.

The Aadhaar leaks and the right to privacy arguments were not enough to get the bench to declare the Aadhaar Act as unconstitutional. Hope rules are framed expeditiously, says court.

A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said Patel's plea against the petition of BJP leader Balwantsinh Rajput required "de novo" (fresh) adjudication.

The bench said attack on Aadhaar by petitioners is based on violation of rights under the Constitution, will lead to a surveillance State.

Calling the BJP's version of the Aadhaar Act "draconian" and "invasive", Congress alleged that about 25 people died of starvation from denial of benefits in the last four years. Until now, banks and telephone companies had been pushing customers to link their Aadhaar.

From there, it has been a rocky ride for the universal id, whose validity now been upheld by the Supreme Court, but with conditions.

In 2013, an apex court bench passed an interim order stating that the UID number can not be made mandatory for gas connections, vehicle registration, scholarships, marriage registration, salaries and provident fund.

Like this: