FAQs on the Aadhaar Judgment

1. Can Aadhaar be required for getting a new mobile connection? Is linking Aadhaar with mobile number mandatory?

No. The Supreme Court of India in Justice K. S. Puttaswamy (Retd.) and Anr. v. Union Of India And Ors. (CWP 494 of 2012) has held that mobile service companies cannot ask for Aadhaar from subscribers. The majority opinion held that the circular dated March 23, 2017 mandating linking of mobile number with Aadhaar is illegal and unconstitutional as it is not backed by any law.

Key Highlights of the Aadhaar Judgment

The Supreme Court has delivered its much awaited judgment in the Aadhaar case, 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 debasing the entire Aadhaar scheme along with the Act.

Full text of the 1448-page Aadhaar Judgement

The Supreme Court has delivered its much awaited judgment in the Aadhaar case, wherein the majoirty 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 debasing the entire Aadhaar scheme along with the Act.

Income Tax Returns filing sans Aadhaar

Aadhaar Free Income Tax Return Filing; Courtesy Delhi High Court

As July 31, 2018, the deadline to file Income Tax returns for the Assessment Year 2018 – 2019, comes closer, the complexities and jargon behind whether or not Aadhaar Registration/ Enrollment ID (Aadhaar Number) has to be furnished/ linked become more and more relevant by the minute. Thankfully for us, the Delhi High Court has come to save the day.

Updates on Aadhaar Final Hearing: Day 38

On the last day (day 38) of the final Aadhaar hearing, Senior Advocate, Gopal Subramanium resumed his submissions for the State. He started by asking the bench, “Is Aadhaar really affirmative action? Is the Act an enabler or is it in the guise of enabler? The Act is not an instrumentality to deliver services. It is only a means of identification.” He contended that the bench has to read the true purpose of the law and whether the impugned law seeks to achieve that purpose Mr. Subramanium was of the view that dignity and autonomy is not preserved by Section 7 of the Act.

Updates on Aadhaar Final Hearing: Day 37

On day 37 of the final Aadhaar hearing, Senior Advocate Shyam Divan resumed his submissions for the petitioners by stating that banks and telecom operators were linking individuals’ Aadhaar with their bank accounts and mobile numbers without their permission. This is called inorganic seeding. He asserted that UIDAI collected biometrics of a hundred crore people which is the entire population of Europe and North America without any statutory backing.

Updates on Aadhaar Final Hearing: Day 36

On day 36 of the final Aadhaar hearing, Attorney General K.K Venugopal resumed his submissions and stated that Article 110(1)(g) is a standalone provision and there can be a money bill that does not relate to Article 110(1)(a)-(f) of the Constitution but is still covered independently under Article 110(1)(g). Therefore, the Aadhaar bill did not have to be passed by the Rajya Sabha. Chief Justice of India, Dipak Misra interjected and said that Section 57 is an enabling provision that allows state legislatures to introduce Aadhaar for various services.

Updates on Aadhaar Final Hearing: Day 35

On day 35 of the final Aadhaar hearing, Advocate Zoheb Hossain, appearing for the State of Maharashtra and UIDAI continued his submissions. He began by handing over a bunch of international charters and covenants to the bench on harmonization of socio-economic and civil-political rights. J. Chandrachud remarked that directive principles of state policy are essential for good governance and are a guarantee of reasonableness of a law and even though they are non-justiciable, they are read into Article 21. Mr.

Updates on Aadhaar Final Hearing: Day 33

On day 33 of the final Aadhaar hearing, Senior Advocate, Rakesh Dwivedi appearing for the State/UIDAI resumed his submission on Aadhaar by stating that the standard of control exercised by UIDAI on requesting entities is “fair and reasonable” as laid down under Article 21. He further pointed out that the data collected by REs is segregated and there is no way to aggregate it as there are over three hundred REs. J. Chandrachud asked about misuse of data by individual REs, to which Mr.