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Aadhaar

Contrary to the Supreme Court’s judgment, some entities are still asking for Aadhaar

A nine judge bench of the Supreme Court delivered its verdict on Aadhaar on September 26, 2018 wherein the majority view, comprised of - Dipak Misra CJI., AK Sikri J., AM Khanwilkar, J. and Ashok Bhushan J. (though Bhushan J. dissented with the majority on certain points) upheld the constitutionality of the Aadhaar Act, 2016 barring a few provisions on disclosure of personal information, cognizance of offences and use of the Aadhaar ecosystem by private corporations. DY Chandrachud J. delivered a dissenting opinion declaring the entire Aadhaar scheme along with the Act to be unconstitutional.

“Benefits” and “services” as mentioned in Section 7 of the Aadhaar Act, the expenditure for which is derived from the Consolidated fund of India will require mandatory furnishing of Aadhaar, the judgment noted.

The Supreme Court also upheld Section 139AA of the Income Tax Act, under which every citizen who is eligible to obtain Aadhaar must quote either their Aadhaar Number or the Enrolment ID while filing Income Tax Returns or applying for PAN. However, we have come across instances wherein Aadhaar is being asked for, for the purpose of availing banking services and for recording attendance in colleges.

Apart from the above mentioned, Aadhaar is NOT mandatory for availing any other services like banking and telecom. Please refer to our FAQs for further information on this.

We have curated a list that contains instances of violations of the Supreme Court’s judgment, the data for which has been gathered from secondary sources mainly.

A lot of times, violations of the judgment are not reported by the media, and therefore we are creating a citizen reporting mechanism. Write to us at mail@sflc.in or send us a DM on our twitter handle (@SFLCin) if you come across any violation of the Supreme Court judgment and we shall help you by drafting contempt letters that can be sent to the violating entity.

 

Date

Violating entity

Kind of violation

1. 16/11/18

 

Jawaharlal Nehru Technological University, Hyderabad and all affiliate colleges

Aadhaar based Biometric attendance made mandatory for B.Tech students

2. As of Nov.27, 2018

 

Canara Bank

Aadhaar based e-KYC

3. As of Nov.27, 2018

 

Syndicate Bank

Aadhaar based e-KYC

4. As of Nov. 29, 2018

 

LazyPay (Android app)

 

Aadhaar based KYC

5. As of Dec. 2, 2018

 

EPFO

The website requires Aadhaar for withdrawal of PF;

Process life certificate for EPFO

6. As of Dec 3, 2018

 

Darpan ID

 

Aadhaar of board members necessary for getting the Darpan ID for NGOs.

7. As of Dec 3, 2018

HDFC Payzapp wallet

 

Aadhaar based KYC

 

8. Not known

Air Force Common Admission Test

 

Online Registration