38.6c New Delhi, India, Sunday, April 21, 2024
Judiciary

Aadhaar Mandatory For Govt. Subsidies & PAN But Not For Mobile Connection And Bank Account [Read Judgment]

By LawStreet News Network      26 September, 2018 12:00 AM      0 Comments
Indian Penal Code

In a much-awaited judgment, the Supreme Court today (September 26th, 2018) has upheld the validity of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 by a 4:1 majority.

The judgment was passed by a Constitution Bench headed by Chief Justice Dipak Misra and comprising of Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan after 38 days long hearing spread over four months. Justice Chandrachud dissented from the majority.

The Bench held that Sections 7 and 8 of the Aadhaar Act, 2016, is not violative of the fundamental right to privacy and said that the benefits that Aadhaar provides particularly to the marginalized sections of society outweighs the problems surrounding exclusion.

“Lot of people who will benefit due to inclusion cannot be denied due to exclusion of few; Can’t throw baby out with bathwater,” Justice Sikri wrote in the judgment.

The Bench has, however, struck down some provisions of the Aadhaar Act, 2016. These include Section 33 (1), Section 33 (2) and Section 57.

Section 33 (1) that provides for disclosure of information on the basis of a court order has been struck down, with the Court stating that it should provide for giving the individual an opportunity to be heard.

Section 33 (2) deals with the requirement of disclosure of Aadhaar information to an officer not below the rank of Joint Secretary to the Government of India. While Section 57 authorizes the use of Aadhaar number for establishing the identity of an individual for any purpose, whether by the State or any body corporate or person.

Further, the Bench also held that Aadhaar cannot be made mandatory for obtaining a mobile connection and for opening bank accounts. However, the court made it mandatory to link Aadhaar for government subsidies and PAN by upholding Section 139AA of the Income Tax Act, 1961.

Moreover, the Bench also upheld the passing of the Aadhaar Bill as a Money Bill to which Justice Chandrachud dissented by stating that “Passing of bill as money bill when it does not qualify as a money bill is a fraud on Constitution, violates the Basic Structure.”

The hearing in the Aadhaar case was started on January 17, 2018, and concluded in May 2018. The Aadhaar hearing was one of the longest hearings in the Supreme Court, second only to Kesavananda Bharati case.



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

sc-orders-medical-examination-of-yr-old-rape-survivor-seeking-to-terminate-her-week-pregnancy
Trending Judiciary
SC orders medical examination of 14-yr-old rape survivor seeking to terminate her 28-week pregnancy

Supreme Court orders medical examination of 14-year-old rape survivor seeking termination of 28-week pregnancy. Decision to be made after evaluating impact on her health.

20 April, 2024 11:00 AM

TOP STORIES

need-to-safeguard-judiciary-from-unwarranted-pressures-21-ex-judges-write-letter-to-cji
Trending Legal Insiders
Need to safeguard judiciary from unwarranted pressures: 21 ex-judges write letter to CJI

21 ex-judges write to CJI Chandrachud urging protection of judiciary from pressures undermining its integrity and autonomy.

15 April, 2024 12:17 PM
sc-notice-to-ed-declines-early-date-on-plea-by-delhi-cm-arvind-kejriwal-against-arrest
Trending Judiciary
SC notice to ED; declines early date on plea by Delhi CM Arvind Kejriwal against arrest

SC issues notice to ED, declines early hearing on Delhi CM Kejriwal's plea against arrest in liquor scam.

15 April, 2024 03:08 PM
call-for-chapters-gender-based-violence-and-religion
Trending Law School
Call For Chapters: Gender-Based Violence and Religion

Calling For Book Chapters: As an editor, Dr. Amit Anand, Assistant Professor, School of Legal Studies, REVA University, Bengaluru, is inviting people to contribute to a book, entitled "Gender-Based Violence and Religion." This book is scheduled to be published by Cambridge Scholars Publishing.

15 April, 2024 04:21 PM
cannot-stop-any-public-rally-bombay-hc-says-on-allegation-that-ram-navami-processions-deliberately-pass-through-muslim-majority-areas
Trending Top Stories
Cannot stop any public rally, Bombay HC on allegation that Ram Navami processions deliberately pass through Muslim-majority areas

The Bombay High Court calls upon the Maharashtra Police to ensure that no law and order issues occur during a Ram Navami rally in a Muslim-majority area in Mumbai.

15 April, 2024 06:36 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email