S. Jaykishan

Chartered Accountants

Supreme Court verdict on Aadhaar

Supreme Court verdict on Aadhaar

(Date: 26/09/2018)

The Supreme Court today declared Aadhaar scheme as constitutionally valid but struck down Section 57 of the Aadhaar Act that permitted private entities like telecom companies and banks to use Aadhaar data.


■ Aadhaar is mandatory for filing of income tax returns (ITR) and allotment of Permanent Account Number (PAN).

■ SC says CBSE, NEET, UGC cannot make Aadhaar mandatory. The 12-digit number is also not compulsory for school admissions.

■ SC says it is not mandatory to link Aadhaar with bank accounts.

■ Telecom service providers also cannot seek linking of Aadhaar.

■ It is better to be unique than being best; Aadhaar means unique: Supreme Court.

■ There is no possibility of obtaining a duplicate Aadhaar card: Justice Sikri.

■ The Supreme Court constitution bench comprised Chief Justice Dipak Misra and justices D.Y. Chandrachud, A.K. Sikri, A.M. Khanwilkar and Ashok Bhushan.

■ SC says Aadhaar authentication data cannot be stored for more than six months.

■ The constitution bench strikes down the National security exception under the Aadhaar Act.

■ There is sufficient defence mechanism for authentication in Aadhaar scheme: Justice Sikri

■ SC says no child can be denied benefits of any schemes on not being able to bring their Aadhaar number.

■ SC says nothing in Aadhaar Act that violates right to privacy of individual.