SC’s Aadhaar verdict: What went the government’s way and what didn’t

The Supreme Court delivered its judgment on the long-standing debate over Aadhaar. The top court ruled that it is constitutionally valid and does not violate the citizens’ right to privacy. However, the five-judge bench, led by Chief Justice Dipak Misra, put some conditions on the Aadhaar Act, 2016.

Aadhaar was the BJP-led NDA government’s flagship project, which they wanted to implement to ensure equal distribution of financial and other government subsidies, benefits and services. The scheme collected biometric data and personal information of every citizen, assigning a national identity card to them. More than a billion people have reportedly already signed up for an Aadhaar card.

However, it was later argued that the government is incompetent to protect the personal data of people and a demand for stronger data protection laws started brewing. The government defended Aadhaar, calling it foolproof.

Let us take a look at points where the Supreme Court endorsed the government’s view and where it didn’t.

In favour of the government’s stand

The apex court confirmed that Aadhaar is legitimate and its enrollment process is foolproof. It agreed with the government’s view that it has helped in uplifting the marginalised sections of society.

The judgment also said profiling is not possible through Aadhaar, although asked for adequate measures to be put in place to ensure the safety of data.

The SC upheld linking of Aadhaar card with one’s PAN card. Aadhaar details must also be provided while filing income tax returns. The unique identity card will be used to avail the benefits of government welfare schemes.

Against the government’s stand

Aadhaar is no longer required to be linked to one’s phone number and bank accounts. Private companies cannot ask for Aadhaar details of their customers.

When the government had made this demand, it triggered a backlash from the entire country. Many companies, including telecom companies and digital wallets, had almost threatened to cut off services to their customers if the linking wasn’t completed. This has now been rolled back.

Also, children do not need an Aadhaar card for school admissions. CBSE, NEET and UGC also cannot ask for these details.