financetom
Politics
financetom
/
Politics
/
Aadhaar Case Verdict Highlights: Supreme Court declares Aadhaar valid in a 4-1 judgement, strikes down its linkage with banks, schools, telecom companies
News World Market Environment Technology Personal Finance Politics Retail Business Economy Cryptocurrency Forex Stocks Market Commodities
Aadhaar Case Verdict Highlights: Supreme Court declares Aadhaar valid in a 4-1 judgement, strikes down its linkage with banks, schools, telecom companies
Sep 25, 2018 10:49 PM

Here's how the Aadhaar case has unfurled over the years##Here's how the Aadhaar case has unfurled over the years

Sept 26, 2018 2:49 PM

Huge blow to Modi govt, 90% of its claims rejected, says Abhishek Manu Singhvi##Huge blow to Modi govt, 90% of its claims rejected, says Abhishek Manu Singhvi

Sept 26, 2018 3:27 PM

Can't defy technology, says Arun Jaitely on Aadhaar verdict##Can't defy technology, says Arun Jaitely on Aadhaar verdict

Finance minister Arun Jaitley has called the Supreme Court verdict on the Aadhaar Act as historic. Addressing a press briefing, Jaitley said, "It is a historic order, Aadhaar's concept has been accepted after judicial review, we welcome this decision of Supreme Court. Everyone who has been criticizing Aadhaar should understand that they cannot defy technology. Mainstream should accept changes, one can understand the fringe being against. Congress cuts a very sorry figure here, they introduced the idea but they did not know what to do with it."

Sept 26, 2018 3:15 PM

TMC's Derek O'Brien reacts to Supreme Court Aadhaar verdict, says party stance vindicated##TMC's Derek O'Brien reacts to Supreme Court Aadhaar verdict, says party stance vindicated

Trinamool Congress MP Derek O'Brien said that the Supreme Court verdict on the Aadhaar Act vindicates his party supremo and West Bengal chief minister Mamata Banerjee's stand on the issue. "Mamata Banerjee had issued an open challenge on Aadhaar. Our stance has been vindicated. I'm glad the SC said what it said. On data privacy & data protection, that's also something we need to take a close look at, so the BJP can't make it into a policed state," ANI quoted O'Brien as saying.

Sept 26, 2018 2:07 PM

Very happy with the judgement, says Attorney General KK Venugopal##Very happy with the judgement, says Attorney General KK Venugopal

Sept 26, 2018 2:02 PM

BJP says Supreme Court verdict on Aadhaar a victory for Modi government##BJP says Supreme Court verdict on Aadhaar a victory for Modi government

The Bharatiya Janata Party (BJP) on Wednesday described the Supreme Court judgement on Aadhaar as a big victory for the Modi government, saying the apex court has upheld its constitutional validity and asserted that it does not violate privacy. Bharatiya Janata Party spokesperson Sambit Patra said the court has ruled that Aadhaar is safe. The verdict has also exposed the Congress, he claimed. The opposition party favoured middlemen while the Modi government brought Aadhaar to ensure that benefits are given directly to the people, he said. That is why, Patra added, the Congress had moved the apex court against it. "We see it as a big victory of the Modi government, the pro-poor Modi government. The Supreme Court has upheld the constitutional validity of Aadhaar and has also said that it does not violate privacy," Patra said. (CNN-News18)

Sept 26, 2018 1:29 PM

Congress party welcomes Supreme Court jugement on Aadhaar##Congress party welcomes Supreme Court jugement on Aadhaar

The Congress party on Wednesday welcomed the Supreme Court's judgment on the constitutional validity of the Aadhaar Act and scheme. "We welcome the Supreme Court's decision to strike down Section 57 of the Aadhaar Act. Private entities are no longer allowed to use Aadhaar for verification purposes," the party said in a tweet on its official twitter handle.

Sept 26, 2018 1:26 PM

Former AGI Soli Sorabjee says happy with Justice Chandrachud's verdict##Former AGI Soli Sorabjee says happy with Justice Chandrachud's verdict

Sept 26, 2018 1:00 PM

Aadhaar Verdict: Here's a checklist to help you understand what is allowed and what isn't##Aadhaar Verdict: Here's a checklist to help you understand what is allowed and what isn't

In a landmark ruling, the Supreme Court has upheld the constitutional validity of the Aadhaar Act and the UIDAI scheme by a 4:1 majority. The judgment was pronounced by a bench of Chief Justice Dipak Misra and Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan. Justice Chandrachud's views dissented from the majority. Justice Sikri wrote a judgment on behalf of himself, CJI Misra and Justice Khanwilkar.

The apex court has placed strong riders that seek to balance citizen's concerns with privacy issues. So, here is a check list of what is allowed and what isn't the Aadhaar Act:

- First thing first, Aadhaar remains mandatory to be linked with PAN card and for filing of income tax returns.

- Private firms cannot insist for Aadhaar information.

- Telecom service providers cannot ask for Aadhaar details.

- Aadhaar is no longer mandatory for opening bank accounts.

- Schools cannot seek child's Aadhaar details, including for their admission​ purpose.

Sept 26, 2018 12:53 PM

Justice Chandrachud says, 'Aadhaar could possibly lead to profiling of persons and voters'##Justice Chandrachud says, 'Aadhaar could possibly lead to profiling of persons and voters'

Sept 26, 2018 12:36 PM

Justice Bhushan reads out his judgment now, says right to identity is essential##Justice Bhushan reads out his judgment now, says right to identity is essential

- Justice Bhushan says that he mostly concurs with Justice Sikri but has dissented on a few issues.

- An individual reveals a lot of his demographic information for other identity proofs. Therefore revealing demographic information for Aadhaar doesn't violate the right to privacy. Right to identity is essential.

- Whether right to privacy has been violated in collection of biometric data depends on the context in which it is collected.

- Procedural problems and implementation issues does not make section 7 unconstitutional.

- Aadhaar act does not create a framework for surveillance. Section 57 is unconstitutional.

- Rule 9 of the PMLA act does not violate Articles 14 and 21.

- Justice Bhushan upholds bank linking and section 139AA as well. In the end, he appreciates all the advocates that appeared in the Aadhaar matter.

Sept 26, 2018 12:30 PM

Justice Chandrachud reads out his judgment, says Aadhaar in its entirety is unconstitutional##Justice Chandrachud reads out his judgment, says Aadhaar in its entirety is unconstitutional

- Justice Chandrachud says large area of the judgment is dissent but there are some areas where we've agreed.

- In understanding the intersection of governance, technology and freedom, this decision will set the future. Our path will define limited government. The quest for digital India should address the digital divide as well.

- If data is the new oil, it still eludes the common people. Aadhaar must be scrutinized to check if it violates human rights. The case is about the rule of law and institutional governance as well.

- The decision of the speaker is amenable to judicial review with respect to deciding whether a bill is a money bill or not.

- Judicial review protects the spirit of the constitution. It protects arbitrary conduct. The office of the speaker is no exception to compliance with constitutional principles.

- A law must recognize the principles that liberates us from our colonial laws. The structure of rjya Sabha reflects the plurality of our nation. Role of rajya Sabha is to maintain instrinsic accountability.

- Aadhaar act does not qualify as money bill. Section 7 is not the central theme of the Aadhaar act and it does not meet the test of Article 110(1). Other provisions of the Act are not incidental provisions.

- This debasement of a constitutional institution cannot be allowed.

- This judgement accepts that there is a legitimate state aim.

- The process of collection of data must be reformed and should be based on taking informed consent of the residents.

- The Act and regulations are bereft of the provisions for providing consent and access to individuals authentication records.

- The Aadhaar project has failed to remedy the flaws in it's design and has led to exclusion. Denying social welfare is violation of fundamental rights of citizens.

- Justice Chandrachud says that Aadhaar program in it's entirety is unconstitutional.

- MoUs entered between UIDAI and registrars are not valid under article 299. Grievance redressal mechanism severely compromises the independece of the mechanism.

- Aadhaar does not pass the muster of Article 14 of the constitution. Section 57 violates Articles 14 and 21. Section 7 suffers from overbreadth since all possible welfare benefits require Aadhaar. This is function creep.

- Aadhaar allows constructing profiles of individuals. This is against the right to privacy and enables potential surveillance.

- Section 139aa is based on the premise that Aadhaar act is unconstitutional. Not since Aadhaar has been held to be unconstitutional, section 139aa doesn't stand anymore.

- The assumption that every individual who opens a bank account is a potential terrorist or money launderer is draconian. The requirements should be redefined by the govt and RBI following the test of proportionality.

- Linking Aadhaar with mobile poses threat to autonomy, dignity and privacy. There might be a legitimate aim but the means to achieve that aim cannot be disproportionate.

- Aadhaar cannot obliterate constitutional principles. The aadhaar Act does not save the Aadhaar project.

Sept 26, 2018 11:58 AM

A welcome judgment by Supreme Court on Aadhaar, says Kapil Sibal to CNBC-TV18##A welcome judgment by Supreme Court on Aadhaar, says Kapil Sibal to CNBC-TV18

Sept 26, 2018 11:52 AM

Check what the Supreme Court has struck down as unconstitutional in its Aadhaar verdict##Check what the Supreme Court has struck down as unconstitutional in its Aadhaar verdict

In a landmark ruling, the Supreme Court on Wednesday said private companies cannot insist on Aadhaar details of citizens and called the Section 57 of Aadhaar Act 'unconstitutional'. 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. It is this provision that gives statutory support to mobile companies, private service providers to seek individuals' Aadhaar card for identification purposes. The apex court said linking of Aadhaar with mobile phone numbers is unconstitutional.

Sept 26, 2018 11:42 AM

Aadhaar empowers the marginalised section of the society and gives them an identity, says Justice Sikri##Aadhaar empowers the marginalised section of the society and gives them an identity, says Justice Sikri

Sept 26, 2018 11:16 AM

Load more

Comments
Welcome to financetom comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
Related Articles >
Govt blames inaction by AAP in Punjab, Delhi for bad air quality
Govt blames inaction by AAP in Punjab, Delhi for bad air quality
Nov 6, 2023
Accusing Kejriwal of being busy with election campaigning in poll-bound states and waking up to the situation late, Minister of State for Consumer Affairs, Food, and Public Distribution, Ashwini Kumar Choubey, said that the Centre had held a meeting with Chief Secretaries and senior officials from four North Indian states on 20th October to discuss measures to reduce air pollution, which he claims weren't adopted by the AAP-led governments.
Lok Sabha passes Forest (Conservation) Amendment Bill — All you need to know
Lok Sabha passes Forest (Conservation) Amendment Bill — All you need to know
Jul 11, 2023
Activists have contended that words like "ecotourism facilities" and "any other purposes" are too vague and may pave the way for widespread exploitation and misuse.
What is the debate over Biodiversity Bill, likely to be tabled in monsoon session of Parliament
What is the debate over Biodiversity Bill, likely to be tabled in monsoon session of Parliament
Jul 12, 2023
The new bill exempts registered AYUSH practitioners and people accessing codified traditional knowledge, from sharing benefits with local communities or giving prior intimation to state biodiversity boards before accessing biological resources.
Brahmapuram waste plant fire: Kerala Assembly witnesses uproarious scenes, LoP says CM running away from issue
Brahmapuram waste plant fire: Kerala Assembly witnesses uproarious scenes, LoP says CM running away from issue
Mar 13, 2023
A fire that broke out at the waste treatment plant in Kochi on March 2, 2023, continues to spread toxic fumes even after 11 days of the incident. The Kerala government has said that 95 percent of the fire has been extinguished, but the smoke from the landfill has not entirely subsided. 
Copyright 2023-2025 - www.financetom.com All Rights Reserved