System knows when there’s an attempt to duplicated Aadhaar number: What SC said on the Act
On Aadhaar validity verdict, Supreme Court says ‘minimal possible data is obtained from Aadhaar.’ holders.Updated: Sep 26, 2018 12:59 IST
A five-bench Supreme Court bench delivered its final verdict on the constitutional validity of Aadhaar Act.
Justice AK Sikri to read out the first judgment on behalf of himself and Chief Justice Dipak Misra and Justice Khanwilkar.
READ LIVE UPDATES: SC says Aadhaar linking for bank account, mobile phones not mandatory
Here is what judges holding majority view said:
* Aadhaar act could be passed as money bill , says SC.
* Aadhaar needed for filing income tax returns
*Attack on Aadhaar by petitioners is based on violation of rights under Part III of the Constitution, will lead us to become a surveillance State.
* Aadhaar not needed for securing school admissions for children.
* Minimal possible data is obtained from Aadhaar holders.
* Process of enrolling for Aadhaar eliminates duplication
[* Whenever there is an second attempt to make Aadhaar, the system knows about it.
* It for this reason Aadhaar is known as unique identification, unparalled.
* It gives identity to marginalised people of the community. They can get various privileges meant for such people
* When it comes to applying the test for judging the validity of the law, the court has explained standard of judicial review. When ground is raised the law infringes privacy.
Justice Chandrachud, the lone dissenting judge, read out his rulings after Justice Sikri. This is what he said:
*The government could not have passed the Aadhaar Act as a money bill.
*Unique identification program violates essential norms of privacy and data protection.
*Violation of fundamental rights under the Aadhaar scheme fails on the touchstone of tests of proportionality.
*Dignity of rights and individuals can’t be based on algorithm, rights of the 2 billion people cannot be tested as mere contract.