New Delhi, Sep 26: The Supreme Court, in a landmark verdict, on Wednesday clearly delineated where Aadhaar linking can be made mandatory and where it can not be. The court, while upholding the constitutionally validity of Aadhaar, ruled that there is no need to link Aadhaar with bank accounts and mobile phones.
The top court said that Aadhaar is needed to ensure that benefits of the government schemes reach the poor. The SC also held that linking of Aadhaar with PAN and for ITR filing was needed. It, however, said that Aadhaar cannot be made mandatory for school admissions. The court had heard this matter for a record 38 days spanning over four months, thus making it the second longest case in the history of India after the Keshavananda Bharti case, which spanned over for five months.
Here are the updates from the Supreme Court
Sep 26, 2018, 11:45 AM IST
Data on authentication shall be maintained only for six years rules SC
Sep 26, 2018, 11:33 AM IST
Banks accounts and mobile linking does not need Aadhaar. Linking of PAN has however been upheld.
Sep 26, 2018, 11:30 AM IST
Eduction has taken us from thumb impression to signature. Now technology has taken us from signature to thumb impressions says Supreme Court.
Sep 26, 2018, 11:29 AM IST
The requirement of Aadhaar by statutory bodies such as CBSE, UGC, NEET has been upheld by the Supreme Court. The court also said that Aadhaar need not be made compulsory for school admissions.
Sep 26, 2018, 11:26 AM IST
Aadhaar fails only a few. However dismantling Aadhaar now would mean disturbing 99 per cent of the population enrolled. It is like throwing the bay out with the bath water says a majority on the Bench.
Sep 26, 2018, 11:19 AM IST
Centre has to introduce a strong data protection law as soon as possible says Justice Sikri. "We have concluded that it is simply difficult to care the profile of a person on the basis of data stored in CIDR. Authentication data should not be stored beyond 6 months. Current rule that it can be archived for 5 years struck down," Justice Sikri says.
Sep 26, 2018, 11:16 AM IST
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.
Sep 26, 2018, 11:15 AM IST
The Supreme Court has struck down Section 57 of the Aadhaar Act which allows private entities to demand Aadhaar to access services.
Sep 26, 2018, 11:14 AM IST
Concept of human dignity has been enlarged in the judgment relating to right to privacy. It also deals with proportionality doctrine, compelling state interest and strict scrutiny test-Justice Sikri.
Sep 26, 2018, 11:11 AM IST
The main plank of challenge to the Aadhaar project and Aadhaar Act is that it infringes on Right to Privacy. The concept of human dignity has been enlarged in the right to privacy judgment. This court has to adopt reasonable standards. Dignity is also about empowerment of people says Justice Sikri.
Sep 26, 2018, 11:08 AM IST
"Uniqueness is the fundamental difference between Aadhaar and other identity proofs. The unique identity card empowers marginalized sections by giving them identity," says Justice Sikri.
Sep 26, 2018, 11:08 AM IST
Justice Sikri says that architecture of Aadhaar is to empower the poor. Fundamental difference between Aadhaar and other ID documents is the former eliminates any chance of duplication. Aadhaar is unique in an unparalleled way.
Sep 26, 2018, 11:02 AM IST
Justice Sikri went on to add that minimal demographic and biometric data of citizens are collected by UIDAI for Aadhaar enrolment.
Sep 26, 2018, 11:01 AM IST
There is a fundamental difference between Aadhaar card and identity says Justice Sikri who authored the verdict for himself and also CJI Misra and Justice Khanwilkar. Once the biometric system is stored, it remains in the system, he also says.
Sep 26, 2018, 11:00 AM IST
Aadhaar is based on being unique says Justice Sikri
Sep 26, 2018, 10:56 AM IST
Pronouncement of judgment begins
Sep 26, 2018, 10:54 AM IST
Justice Sikri begins reading out the verdict. He says that better to be unique than the best. Bet is number 1, but unique means the only one.
Sep 26, 2018, 10:53 AM IST
The three verdicts would be given by: Justice A K Sikri, with whom CJI Misra and A M Khanwilkar agree. The other two judgments are by Justices D Y Chandrachud and Ashok Bhushan.
Sep 26, 2018, 10:46 AM IST
Next up Aadhaar: The court has pronounced its verdict in the reservation in promotion case. Next up for orders is the Aadhaar case. Will Aadhaar be declared unconstitutional. Find out in a while.
Sep 26, 2018, 10:38 AM IST
Currently the court is pronouncing its order on the Nagraj verdict which relates to reservation in promotions.
Sep 26, 2018, 10:32 AM IST
Verdict in India’s second longest case shortly
Sep 26, 2018, 10:14 AM IST
The first verdict to expect today is on the reservation in promotion. Following this another Constitution Bench would assemble and then deliver the Aadhaar verdict.
Sep 26, 2018, 10:05 AM IST
One of the key sections of the Aadhaar act that was argued was Section 57. This section allows not only the state to nut any body corporate or person or private entity to demand Aadhaar from citizens for the purpose of identification.
Sep 26, 2018, 10:03 AM IST
Three judges will pen separate judgments. The opinions could either be a concurring or dissenting one.
Sep 26, 2018, 9:10 AM IST
The verdict will be out shortly. The judgment is likely to be pronounced by 11 am.
Sep 26, 2018, 8:01 AM IST
The judges who would deliver the verdict are: Chief Justice Dipak Misra and Justices A K Sikri, A M Khanwilkar, D YChandrachud and Ashok Bhushan.
Sep 26, 2018, 7:55 AM IST
A battery of lawyers including Attorney General K KVenugopal, who represented the Centre, and senior advocates Kapil Sibal, P. Chidambaram, Rakesh Dwivedi, Shyam Divan and Arvind Datar appeared for various parties.
Sep 26, 2018, 7:48 AM IST
The petitions are directed at the constitutional validity of the Aadhaar Act, 2016; the Aadhaar project from 2009 to 2016; parts of the project which are not covered by the Act; authorities' attempts to make Aadhaar compulsory when not defined by the law; the government's push to link Aadhaar numbers with SIM cards, bank accounts and PANs; and the move to make Aadhaar mandatory for availing benefits and subsidies.
Sep 26, 2018, 7:37 AM IST
On March 13, the Supreme Court indefinitely extended the deadline for linking Aadhaar with mobile phones, tatkal passports and for opening bank accounts till it pronounces its final verdict on the validity of the Aadhaar scheme.
Sep 26, 2018, 7:33 AM IST
Over a billion people have already signed up for Aadhaar.
READ MORE
Sep 26, 2018, 7:21 am IST
The Centre defended Aadhaar and said that it ensured the proper distribution of benefits to millions of people. The Centre also said that Aadhaar acts as a guard against siphoning of funds while also adding that data was safe and not prone to breach.
Sep 26, 2018, 7:25 am IST
The petitioners contended that Aadhaar was built on a massive biometric database that comprised fingerprints and iris scans and this cannot be made mandatory. The petitioners also argued that the database was open to compromise. To back their contention, they cited various instances of data breach.
Sep 26, 2018, 7:30 am IST
The court examined if the 12 digit Unique Identification number violates the Right to Privacy, which it may recalled was named as fundamental right by the Supreme Court last year.
Sep 26, 2018, 7:33 am IST
Over a billion people have already signed up for Aadhaar.
Sep 26, 2018, 7:37 am IST
On March 13, the Supreme Court indefinitely extended the deadline for linking Aadhaar with mobile phones, tatkal passports and for opening bank accounts till it pronounces its final verdict on the validity of the Aadhaar scheme.
Sep 26, 2018, 7:48 am IST
The petitions are directed at the constitutional validity of the Aadhaar Act, 2016; the Aadhaar project from 2009 to 2016; parts of the project which are not covered by the Act; authorities' attempts to make Aadhaar compulsory when not defined by the law; the government's push to link Aadhaar numbers with SIM cards, bank accounts and PANs; and the move to make Aadhaar mandatory for availing benefits and subsidies.
Sep 26, 2018, 7:55 am IST
A battery of lawyers including Attorney General K KVenugopal, who represented the Centre, and senior advocates Kapil Sibal, P. Chidambaram, Rakesh Dwivedi, Shyam Divan and Arvind Datar appeared for various parties.
Sep 26, 2018, 8:01 am IST
The judges who would deliver the verdict are: Chief Justice Dipak Misra and Justices A K Sikri, A M Khanwilkar, D YChandrachud and Ashok Bhushan.
Sep 26, 2018, 9:10 am IST
The verdict will be out shortly. The judgment is likely to be pronounced by 11 am.
Sep 26, 2018, 10:03 am IST
Three judges will pen separate judgments. The opinions could either be a concurring or dissenting one.
Sep 26, 2018, 10:05 am IST
One of the key sections of the Aadhaar act that was argued was Section 57. This section allows not only the state to nut any body corporate or person or private entity to demand Aadhaar from citizens for the purpose of identification.
Sep 26, 2018, 10:14 am IST
The first verdict to expect today is on the reservation in promotion. Following this another Constitution Bench would assemble and then deliver the Aadhaar verdict.
Sep 26, 2018, 10:32 am IST
Verdict in India’s second longest case shortly
Sep 26, 2018, 10:38 am IST
Currently the court is pronouncing its order on the Nagraj verdict which relates to reservation in promotions.
Sep 26, 2018, 10:46 am IST
Next up Aadhaar: The court has pronounced its verdict in the reservation in promotion case. Next up for orders is the Aadhaar case. Will Aadhaar be declared unconstitutional. Find out in a while.
Sep 26, 2018, 10:53 am IST
The three verdicts would be given by: Justice A K Sikri, with whom CJI Misra and A M Khanwilkar agree. The other two judgments are by Justices D Y Chandrachud and Ashok Bhushan.
Sep 26, 2018, 10:54 am IST
Justice Sikri begins reading out the verdict. He says that better to be unique than the best. Bet is number 1, but unique means the only one.
Sep 26, 2018, 10:56 am IST
Pronouncement of judgment begins
Sep 26, 2018, 11:00 am IST
Aadhaar is based on being unique says Justice Sikri
Sep 26, 2018, 11:01 am IST
There is a fundamental difference between Aadhaar card and identity says Justice Sikri who authored the verdict for himself and also CJI Misra and Justice Khanwilkar. Once the biometric system is stored, it remains in the system, he also says.
Sep 26, 2018, 11:02 am IST
Justice Sikri went on to add that minimal demographic and biometric data of citizens are collected by UIDAI for Aadhaar enrolment.
Sep 26, 2018, 11:08 am IST
Justice Sikri says that architecture of Aadhaar is to empower the poor. Fundamental difference between Aadhaar and other ID documents is the former eliminates any chance of duplication. Aadhaar is unique in an unparalleled way.
Sep 26, 2018, 11:08 am IST
"Uniqueness is the fundamental difference between Aadhaar and other identity proofs. The unique identity card empowers marginalized sections by giving them identity," says Justice Sikri.
Sep 26, 2018, 11:11 am IST
The main plank of challenge to the Aadhaar project and Aadhaar Act is that it infringes on Right to Privacy. The concept of human dignity has been enlarged in the right to privacy judgment. This court has to adopt reasonable standards. Dignity is also about empowerment of people says Justice Sikri.
Sep 26, 2018, 11:14 am IST
Concept of human dignity has been enlarged in the judgment relating to right to privacy. It also deals with proportionality doctrine, compelling state interest and strict scrutiny test-Justice Sikri.
Sep 26, 2018, 11:15 am IST
The Supreme Court has struck down Section 57 of the Aadhaar Act which allows private entities to demand Aadhaar to access services.
Sep 26, 2018, 11:16 am IST
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.
Sep 26, 2018, 11:19 am IST
Centre has to introduce a strong data protection law as soon as possible says Justice Sikri. "We have concluded that it is simply difficult to care the profile of a person on the basis of data stored in CIDR. Authentication data should not be stored beyond 6 months. Current rule that it can be archived for 5 years struck down," Justice Sikri says.
Sep 26, 2018, 11:26 am IST
Aadhaar fails only a few. However dismantling Aadhaar now would mean disturbing 99 per cent of the population enrolled. It is like throwing the bay out with the bath water says a majority on the Bench.
Sep 26, 2018, 11:29 am IST
The requirement of Aadhaar by statutory bodies such as CBSE, UGC, NEET has been upheld by the Supreme Court. The court also said that Aadhaar need not be made compulsory for school admissions.
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