Decoding SC Verdict on Aadhaar Card

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Aadhar

The constitutional validity of Aadhar Card isn’t this a thing that we never even thought about. We, commoners, had since ever known about the Aadhar being mandatory and icing to the cake was the linking of aadhar card to almost every other service being mandatory too. But we hardly ever dedicated a moment to think about its constitutional validity.

Almost a decade ago when voter ID cards, PAN cards or driving licenses were a source of identification, in 2009, came up with a new document called AADHAR which changed the norm of identification for commoners. Anybody who couldn’t manage to register for the aforesaid document could easily get access to aadhar.

Aadhar card is a kind of identity card that a commoner in India has to register to. This little piece of document is used as a marked identity to avail government services. The private companies would get the details of ones’ radar and would later grab out the personal details which have already been linked to aadhar and use the same in their best interests irrespective of the owner’s welfare or loss.

Many citizens often lodged complaints about how their right to privacy was breached due to this mandatory rule of linking aadhar to almost every other service. This issue came into light with a 38-days old case being argued in the Supreme Court on Wednesday when a bench of 5 judges upheld the constitutional validity of the Aadhar scheme.

A few years ago, almost every public service made up a point that linking the aadhar card with their services would be a mandatory thing. But here, on Wednesday a judgement was passed by the panel of 5 judges in the SC on the Aadhar case where a list of services was brought out which had all the services enlisted where linking of aadhar would be mandatory and where it wouldn’t be.

  • The list goes as:
    # issues where linking aadhar is mandatory
    * PAN card
    * filing of I.T.R. (income tax return)
    * availing government welfare schemes or subsidies.

 

  • Issues where linking aadhar isn’t mandatory
    * school admissions
    * purchasing new sim cards
    * opening bank accounts
    * appearing in CBSE, UGC or NET examinations
    * private companies

The Supreme Court panel in its judgement said, “We may record here that (Aadhaar) enrollment is of voluntary nature. However, it becomes compulsory for those who seek to receive any subsidy, benefit or service under the welfare scheme of the government expenditure whereof is to be met from the Consolidated Fund of India.”

The best thing that I believe which would happen here after this judgement of Aadhar not being mandatory to all services is that the commoners will not feel being cheated because their personal data will no longer be stolen and used against them. They will also not feel that the right to privacy has nothing to do with its name.

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