Friday, 28 September 2018

What's valid and what's not: Everything you need to know about today's Aadhaar verdict



The Supreme Court has upheld the Aadhaar scheme as constitutionally valid. However, the apex court's five-judge constitution bench also struck down several provisions in the Aadhaar Act.

Below are some of the highlights of the court verdict:

* The Supreme Court upheld the validity of Aadhaar saying sufficient security measures are taken to protect data and it is difficult to launch surveillance on citizens on the basis of Aadhaar. A five-judge bench led by CJI Dipak Misra asked the government to provide more security measures as well as reduce the period of storage of data.

* The SC asked the Centre to bring a robust law for data protection as soon as possible.

* The SC said Aadhaar cannot be made mandatory for openings of a bank account and for getting mobile connections.

* The SC said that Aadhaar must not be made compulsory for school admission and the administration cannot make it mandatory.

* The SC directed the government to ensure that illegal migrants are not issued Aadhaar to get benefits of social welfare schemes.

* Private companies can't ask for Aadhaar.

* Justice Sikri while reading out the verdict on the constitutional validity of Aadhaar said that there is a fundamental difference between Aadhaar card and identity. Once the bio-metric information is stored, it remains in the system, he said.

* The apex court struck down the provision in Aadhaar law allowing sharing of data on the ground of national security.

* The SC said there is a fundamental difference between Aadhaar and other identity proof as Aadhaar cannot be duplicated and it is a unique identification. It added that Aadhaar is to empower the marginalised sections of the society, and it gives them an identity.

* Aadhaar satisfies the doctrine of proportionality, said justice Sikri, adding, "It is better to be unique than to be best."


-GoITWay

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