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501 500aadhaar Final Verdict
501 500aadhaar Final Verdict
not been for Aadhaar linkage. Similar matching has also helped
savings and time deposit). Thus, linking of PAN with Aadhaar will
with the State for collection and storage of data in the form of
Ministry of Law & Ors.154 may also be relevant in this behalf and
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of Section 139AA of the Income Tax Act, 1961 meet the triple test
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Provided further that photograph need not be
submitted by a client falling under clause (b) of sub-rule (1).
Provided that-
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(b) Permanent Account Numbers or Form 60 as defined
in the Income Tax Rules, 1962,
accounts which would be opened after the bringing into force the
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aspects. It was argued that those persons who do not choose to
the argument that the amended Rule does not pass the
proportionality test.
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becoming a menace. Therefore, the amendment to Rules serves
a legitimate State aim. He argued that the Rules are not arbitrary
we feel that it is not even necessary to deal with each and every
details.
430) This Court has held in Ram Jethmalani & Ors. v. Union of India &
155(2011) 8 SCC 1
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and keeping black money therein which can be laundered as
Therefore, the provision in the present form does not meet the
bank account.
Others156, this Court had struck down the order of the Electoral
voters.
433) This linking is made compulsory not only for opening a new bank
account but even for existing bank accounts with a stipulation that
with the result that the holder of the account would not be entitled
to operate the bank account till the time seeding of the bank
linking of Aadhaar with bank account does not satisfy the test of
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money” does not satisfy the first test;
(c) there are alternative methods of KYC which the banks are
435) There may be legitimate State aim for such a move as it aims at
to have one even with Zero Balance under the Pradhan Mantri
unconstitutional.
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438) It was the submission of the petitioners that such a linking of the
thereupon in the form of said linking does not satisfy the tests laid
law nor it serves any legitimate state aim nor does it meet the
439) At the outset, it may be mentioned that the respondents have not
Lokniti Foundation v. Union of India & Anr.157 for the linking of SIM
that in the said brief order, this Court did not go into the issue as
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mobile numbers. In response, the Union of India had filed the
petitions, was not raised in the said case. Obviously, the Court
in the light of right to privacy. It was a case where both the sides
the Union of India to the effect that the grievance of the petitioner
Court will be seriously taken and given effect to. No doubt, the
valid. When it affects the rights of the third parties (like the
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petitioners herein who are not party to the licenses granted by the
442) We are of the opinion that not only such a circular lacks backing
443) It was vehemently argued that this Court had passed number of
444) It is not in dispute that the aforesaid orders were passed when
the Aadhaar Act had not come into force. After the enactment,
445) We feel that it would have been better had a clarification been
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obtained from the Court after the passing of the Aadhaar Act
the matter is sub judice in the Court and certain orders operating,
446) (a) The architecture and structure of the Aadhaar Act reveals
individual.
(RE), would send the request to the Authority which shall perform
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Aadhaar number is, in the first instance, required to submit her
iris scan at that stage by giving the same to the enrolling agency,
that RE, which, in turn, shall get the same authenticated from the
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nine Judge Bench judgment of this Court in K.S. Puttaswamy.
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(f) In the aforesaid scenario, it is necessary, in the first
questions which were put by the petitioners to Dr. Pandey and the
(g) The Court also noticed that the whole architecture of Aadhaar
form of a passport, PAN card, ration card and so on. For the
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between the Aadhaar card as a mean of identity and other
(h) There is, then, another purpose for having such a system of
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enabling any resident to obtain such unique identification proof, it
Moreover, with the aid of Aadhaar card, they can claim various
privileges and benefits etc. which are actually meant for these
people.
greater significance.
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so, when it is voluntary in nature. Howsoever benevolent the
(k) The Court has taken note of the heads of challenge of the
Act, Scheme and certain Rules etc. and clarified that the matter is
does not have competence to make the law; and b) law made is
review.
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infringes right to privacy. Inbuilt in this right to privacy is the right
doctrine of proportionality.
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concerned, it does not deal with a person’s body but deals with a
of Article 21, but that of right to equality (Article 14) and also part
intrusion upon the life and personal liberty of a citizen. Its positive
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rights cannot be confined within the bounds of geographical
persuasive value.
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tested when it is challenged on the ground that it violates the
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jurisprudence by noticing that the basic principle of dignity and
of proportionality.
(r) As per Dworkin, there are two principles about the concept
which value is not only important to that person alone but success
will of the person, her capacity to think for herself and to control
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for success in her own life and, therefore, she must use her
discretion regarding the way of life that will be successful from her
point of view.
free choices;
choice.
feature which the present case has brought into focus is another
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dimension of human dignity, namely, in the form of ‘common
dignity.
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regarded as legitimate in a constitutional democracy? The liberal
Courts.
(w) In this way, the concept of human dignity has been widened
this Court has applied the tests as laid down in Modern Dental
447) After stating the aforesaid manner in which different issues that
Incidental Issues:
(a) What is the magnitude of protection that need to be
accorded to collection, storage and usage of
biometric data?
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data protection and security?
Answer:
presentation.
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(iii) The Authority has sufficient defence mechanism, as
(vii) The Authority gets the AUA code, ASA code, unique device
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from where authentication is performed as these parameters are
Authority has created for data protection, we are of the view that it
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Authority’s defence mechanism (slide 30). It was further pointed
provide safeguards.
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enrolment agencies and Registrars, authentication service
be bad in law.
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authentication is held to be unconstitutional.
Answer:
(a) After detailed discussion, it is held that all matters pertaining
This can be discerned from the reading of Paras 297 to 307 of the
judgment.
(b) The Court is also of the opinion that the triple test laid down
i.e. the Aadhaar Act. It also serves legitimate State aim, which
passing the Act was to ensure that social benefit schemes reach
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the deserving community. The Court noted that the failure to
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Rights of life and personal liberty (Article 21) to ensure Justice,
14) with a view to ameliorate the lot of the poor and the Dalits, the
Some such schemes are PDS, scholarships, mid day meals, LPG
petitioners seek to bank upon. The Constitution does not exist for
a few or minority of the people of India, but “We the people”. The
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fundamental right to claim such benefits. It is acknowledged by
International Convention.
(d) Even the petitioners did not seriously question the purpose
(e) The Court also finds that the Aadhaar Act meets the test of
stand satisfied:
(iii) There must not be any less restrictive but equally effective
alternative (necessity stage).
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judgments pronounced by this Court pertaining to right to food,
scheme.
(g) The purpose behind these orders was to ensure that the
are able to receive the benefits under the said scheme, which is
(h) All this satisfies the necessity stage test, particularly in the
at two levels:
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