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Aadhaar (Judgement: Salient features (It upholds Aadhaar as a reasonable
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Aadhaar
Origin
Following report of Kargil Review Committee, a group of ministers recommended a multipurpose National Identity card
Govt headed in such direction from may 2007
In March 2006, the Government unveiled a
plan for a "unique ID" (UID) for Below Poverty Line (BPL) families, to be implemented by the
Ministry of Information Technology.
Now UID clashing with National ID, empowered group of ministers decided to create UIDAI under Planning commission
UIDAI was notified on January 22, 2009,
in June, Nandan Nilekani, co-founder of Infosys, was appointed its first
Chairman.
The first 12-digit Aadhaar number was
issued on September 29, 2010.
Today, Aadhaar is the world 's largest
biometric and identity database, issued to Indian citizens or
persons living in India for more than 180 days
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Finally the Government passed a law in
2016, giving Aadhaar a legislative sanction
Key issues before SC
Does the Govt have right to demand that every person Authenticate his/her Identity through biometric or demogarphic information with just one proof ie Aadhaar, to ensure benefits from Government?
Don't the Indian citizens have any right to identify themselves by any other docs other than being issued by the govt?
Is an Aadhaar an attack on a person's privacy? (Assumed significance after right to privacy judgement)
Aadhaar passed as Money bill, is it valid?
Further development
On March 31, 2017, Government
introduced Section 139 AA to Income-Tax Act, making Aadhaar mandatory for PAN
applications, filing returns.
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Nine judge bench rules that, Right to privacy is a fundamental right
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Section 57 of Aadhar act
Section 57 allows not only the State but
also any "body corporate or person' or private entity to demand Aadhaar from
citizens for the purpose of identification
It gives statutory support to mobile
companies, private service providers to seek individuals1 Aadhaars for
identification purposes.
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About Right to privacy
The Court said that not all matters pertaining
to an individual were an inherent part of the right to privacy, only those matters in which
there was a reasonable expectation of privacy were protected by Article 21 of the
Constitution
The application to ensure subsidies,
benefits and services to reachintended beneficiaries cannot be
termed as violation of privacy
When one looks at Section 139 AA '
the provision satisfies triple test i.e.,
-Existence of law
-A legitimate state Interest
-Test of proportionality
CONCLUSION
It does not violate the Right to Privacy of
the citizens, instead it empowersmarginalized sections and procures
dignity for them along with services,benefits and subsidies by leveraging the
power of technology
The Supreme Court restored the original
intent of the Programme to plug leakagesin subsidy schemes and to have better
targeting of welfare benefits
The judgment narrows the scope of
Aadhaar, but provides a framework withinwhich it can work
it sought to limit the import of the scheme
to the aspects directly related to welfarebenefits, subsidies and money spent from
the Consolidated Fund of India
At present, the programme had acquired a
scale and momentum that was irreversible.Probably, this pragmatic imperative, that
led the majority to conclude that theGovernment was justified in the passage of
the Aadhaar Act as a 'money bill '.
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It was the arguments in favour of benefits to the poor and the practical consequences of
abandoning the scheme that won the day. Aadhaar possibly was simply too big to fail.