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The judgement of Justice Sikri in the Aadhaar case, with the concurrence of Chief Justice Dipak Misra and Justice A M Khanwilkar, struck down Section 33(2) and 57 of the Aadhaar(Targeted Delivery of Financial and Other Subsidies, Services and Benefits) Act 2016.
Section 33(2) authorizesthe disclosure of information under Aaadhar act, including authentication and identity information, made in the interest of national security in pursuance of a direction of an officer, not below the rank of Joint Secretary, to the Government of India specially permitted in this behalf by an order of the Central Government. Section 57 of the Act authorizes private entities to use Aadhaar information for authenticating identities of the individuals.
The judgement reads down Section 33(1) of the Act, which enabled disclosure of the Aadhaar information on the orders of District Judge, and now provides the owner of information an opportunity of hearing before issuing of such orders. It also struck down Section 47 of the Act, which stated that criminal complaints for data breach could only be filed by the UIDAI and held the exclusion of individuals from filing complaints arbitrary. However, it endorsed the Aadhaar project, thus, held the enrollment valid.
In reference to the enrolment of children, it was held that they will be provided with a choice to exit the scheme on attaining majority and neither the school admissions can be based on Aadhaar nor the CBSE can insist Aadhaar for examinations. Upholding Section 139AA of the Income Tax Act, the judgment also stated that there was no impropriety in Aadhaar Act being introduced as a money bill.
Highlights from Justice Sikri’s Judgement:
Aadhaarare not compulsory for opening a bank account or for procuring a mobile phone connection; however, the mandate of Aadhaar-PAN linkage under section 139AA of the Income Tax Act was held valid.
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