New Delhi, Sept 26: The Supreme Court Wednesday declared the Centre's flagship Aadhaar scheme as constitutionally valid. The apex court's five-judge Constitution bench said Aadhaar means unique and it is better to be unique than being best.
The first of the three judgements was pronounced by Justice A K Sikri. Justice Sikri pronounced the judgement for himself, Chief Justice Dipak Misra and Justice A M Khanwilkar.
During the reading, Sikri said that CBSE, UGC, NEET can't insist for Aadhaar, and consent of guardians required in case of children. At 18, children should be given a choice to opt out. Not compulsory for school education. The bench also struck down the national security exception for disclosure of Aaadhar information as per Section 33(2).
Justice AK Sikri struck down a few provisions, including Section 57. Section 57 essentially allowed not only the State but also any "body corporate or person" or private entity to demand Aadhaar.
It is this provision that allows statutory support to mobile companies, private service providers, banks, payments services to seek an individual's Aadhaar card for identification. It cannot ask for biometric as well. No mobile company can demand Aadhaar card, the Supreme Court said.
Essentially, citizens won't need to link their Aadhaar cards with banks or mobile numbers.
The deadline for Aadhaar linking to mobile numbers had been extended to December 31 from March 31, earlier. The Supreme Court had said in March that linking of the Aadhaar to PAN, bank accounts and mobile numbers is to be extended indefinitely till the judgment.
Justice DY Chandrachud J ruled that by declaring an ordinary Bill as money Bill, the Lok Sabha Speaker can belittle the role of Rajya Sabha, adding the decision is always open to judicial review.
Chandrachud said that the Aadhaar programme violated fundamental rights, serious instances of exclusion. Constitutional guarantees can be subject of vissicitude information and data, declaring the Aadhaar Act unconstitutional.
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