AADHAAR ACT as of now after the SC verdict.
The Unique Identification Authority of India (UIDAI) is a statutory authority established under the provisions of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 (“Aadhaar Act 2016”) on 12 July 2016 by the Government of India, under the Ministry of Electronics and Information Technology (MeitY).
The AADHAAR has been a debatable issue from the moment of its mandatory linking for subsidies and KYC. With the long run on the debate a spark ignited the concept of "Right to Privacy" which ultimately challenged the constitutional validity of the Aadhaar. The final verdict of the Supreme Court on the controversial issue came down with 17 conclusions to all the petitions that were filed against Aadhaar. They are as under-
7. The State while enlivening right to food, right to shelter etc. envisaged under Article 21 cannot encroach upon the right of privacy of beneficiaries nor former can be given precedence over the latter.
8. Provisions of Section 29 is constitutional and does not deserves to be struck down.
9. Section 33 cannot be said to be unconstitutional as it provides for the use of Aadhaar data base for police investigation nor it can be said to violate protection granted under Article 20(3).
10.Section 47 of the Aadhaar Act cannot be held to be unconstitutional on the ground that it does not allow an individual who finds that there is a violation of Aadhaar Act to initiate any criminal process.
11. Section 57, to the extent, which permits use of Aadhaar by the State or any body corporate or person, in pursuant to any contract to this effect is unconstitutional and void. Thus, the last phrase in main provision of Section 57, i.e. “or any contract to this effect” is struck down.
12. Section 59 has validated all actions taken by the Central Government under the notifications dated 28.01.2009 and 12.09.2009 and all actions shall be deemed to have been taken under the Aadhaar Act.
13. Parental consent for providing biometric information under Regulation 3 & demographic information under Regulation 4 has to be read for enrolment of children between 5 to 18 years to uphold the constitutionality of Regulations 3 & 4 of Aadhaar (Enrolment and Update) Regulations, 2016.
14. Rule 9 as amended by PMLA (Second Amendment) Rules, 2017 is not unconstitutional and does not violate Articles 14, 19(1)(g), 21 & 300A of the Constitution and Sections 3, 7 & 51 of the Aadhaar Act. Further Rule 9 as amended is not ultra vires to PMLA Act, 2002.
15. Circular dated 23.03.2017 being unconstitutional is set aside.
16. Aadhaar Act has been rightly passed as Money Bill. The decision of Speaker certifying the Aadhaar Bill, 2016 as Money Bill is not immuned from Judicial Review.
17. Section 139-AA does not breach fundamental Right of Privacy as per Privacy Judgment in Puttaswamy case.
All together the decision came in the favour of Aadhaar with its constitutional validation, along with minor struck downs by the respectable Constitutional bench that was required to give a finishing touch to the Act of 2016.
The AADHAAR has been a debatable issue from the moment of its mandatory linking for subsidies and KYC. With the long run on the debate a spark ignited the concept of "Right to Privacy" which ultimately challenged the constitutional validity of the Aadhaar. The final verdict of the Supreme Court on the controversial issue came down with 17 conclusions to all the petitions that were filed against Aadhaar. They are as under-
Conclusion after the SC verdict-
1. The requirement under Aadhaar Act to give
one's demographic and biometric information
does not violate fundamental right of privacy.
2. The provisions of Aadhaar Act requiring demographic and biometric information from a resident for Aadhaar Number pass threefold test as laid down in Puttaswamy (supra) case, hence cannot be said to be unconstitutional.
3. Collection of data, its storage and use does not violate fundamental Right of Privacy.
4. Aadhaar Act does not create an architecture for pervasive surveillance.
5. Aadhaar Act and Regulations provides protection and safety of the data received from individuals.
2. The provisions of Aadhaar Act requiring demographic and biometric information from a resident for Aadhaar Number pass threefold test as laid down in Puttaswamy (supra) case, hence cannot be said to be unconstitutional.
3. Collection of data, its storage and use does not violate fundamental Right of Privacy.
4. Aadhaar Act does not create an architecture for pervasive surveillance.
5. Aadhaar Act and Regulations provides protection and safety of the data received from individuals.
- After reading this you can go through the important Yojana/Schemes from examination perspective. (PDF Download is also available)
6. Section 7 of the Aadhaar is constitutional. The
provision does not deserve to be struck down on
account of denial in some cases of right to
claim on account of failure of authentication.
7. The State while enlivening right to food, right to shelter etc. envisaged under Article 21 cannot encroach upon the right of privacy of beneficiaries nor former can be given precedence over the latter.
8. Provisions of Section 29 is constitutional and does not deserves to be struck down.
9. Section 33 cannot be said to be unconstitutional as it provides for the use of Aadhaar data base for police investigation nor it can be said to violate protection granted under Article 20(3).
10.Section 47 of the Aadhaar Act cannot be held to be unconstitutional on the ground that it does not allow an individual who finds that there is a violation of Aadhaar Act to initiate any criminal process.
11. Section 57, to the extent, which permits use of Aadhaar by the State or any body corporate or person, in pursuant to any contract to this effect is unconstitutional and void. Thus, the last phrase in main provision of Section 57, i.e. “or any contract to this effect” is struck down.
12. Section 59 has validated all actions taken by the Central Government under the notifications dated 28.01.2009 and 12.09.2009 and all actions shall be deemed to have been taken under the Aadhaar Act.
13. Parental consent for providing biometric information under Regulation 3 & demographic information under Regulation 4 has to be read for enrolment of children between 5 to 18 years to uphold the constitutionality of Regulations 3 & 4 of Aadhaar (Enrolment and Update) Regulations, 2016.
14. Rule 9 as amended by PMLA (Second Amendment) Rules, 2017 is not unconstitutional and does not violate Articles 14, 19(1)(g), 21 & 300A of the Constitution and Sections 3, 7 & 51 of the Aadhaar Act. Further Rule 9 as amended is not ultra vires to PMLA Act, 2002.
15. Circular dated 23.03.2017 being unconstitutional is set aside.
16. Aadhaar Act has been rightly passed as Money Bill. The decision of Speaker certifying the Aadhaar Bill, 2016 as Money Bill is not immuned from Judicial Review.
17. Section 139-AA does not breach fundamental Right of Privacy as per Privacy Judgment in Puttaswamy case.
All together the decision came in the favour of Aadhaar with its constitutional validation, along with minor struck downs by the respectable Constitutional bench that was required to give a finishing touch to the Act of 2016.
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