The Supreme Court delivered its judgement on the petitions challenging the constitutional validity of the Aadhaar Act, through which a five-judge bench with Chief Justice of India Dipak Misra, justice AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan created history by stating that though Aaadhar will be there, it will be with conditions.
The verdict states that it is no longer required to link your Aadhaar card to phone numbers and bank accounts, thus curtailing private companies from insisting for customer’s Aadhaar details. The verdict also states that it will not be mandatory for school admissions, as well as striking down Section 33 (2) of the Aadhaar Act, which permits disclosure of identity information and authentication records for national security. According to the verdict, the purpose of the Aadhaar Act is legitimate, but it is satisfied only if Aadhaar collects minimal data.
Reacting to this, professor and future designer Anupam Saraph, who is an internationally renowned expert on governance of complex systems, said, “All local bodies and state government departments must stop using and demanding Aadhaar from citizens as they do not use funds from the consolidated fund of India. Bankers, mobile companies, schools, colleges, employers cannot ask for your Aadhaar card.
Elaborating further, he said that if any government agency asks you for your Aadhaar number, question them that what is the fund they are drawing from the consolidated fund of India. There has to be a declaration from every government department which wishes to use Aadhaar and without that neither private parties nor government departments can demand for Aadhaar. Now you can file a first information report (FIR) against those government and private departments who don’t draw funds from the consolidated fund of India and if the police does not file an FIR, then an FIR can be filed against the police.
{{/usCountry}}Elaborating further, he said that if any government agency asks you for your Aadhaar number, question them that what is the fund they are drawing from the consolidated fund of India. There has to be a declaration from every government department which wishes to use Aadhaar and without that neither private parties nor government departments can demand for Aadhaar. Now you can file a first information report (FIR) against those government and private departments who don’t draw funds from the consolidated fund of India and if the police does not file an FIR, then an FIR can be filed against the police.
{{/usCountry}}The strongest part of the judgement is the dissenting statement of justice Chandrachud, where he clearly says that Aadhaar is a fraud on the Constitution of India. The judgement is about empowering the citizens and delivering justice. The government of India must suo moto retract the Aadhaar Act and shut down the Aadhaar programme with immediate effect, he said.
Saraph further added, “If you want a national ID go back to the drawing board and Parliament and pass a national legitimate Act for the same. I am a hundred per cent in concurrence with the view of justice Chandrachud. There are serious concerns and privacy issues related to Aadhaar card and it must be scrapped altogether .”