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Supreme Court Ruling: Aadhaar Authentication New Guidelines Sep 2018



Supreme Court Ruling: Aadhaar Authentication New Guidelines: Details, Highlights

The Supreme Court on 26 September 2018 upheld most of the provisions of the Aadhaar Act by 4:1 Majority while hearing the petitions challenging the constitutional validity of Aadhaar (Targeted Delivery of Financial and Other. Subsidies, Benefits, and Services) Act, 2016.

The SC bench of the five-judges comprising Chief Justice Dipak Misra, and Justices A.K. Sikri, A.M. Khanwilkar, Ashok Bhushan validated the provisions of the Aadhaar with few restrictions, while Justice D.Y. Chandrachud held that the entire Aadhar project is unconstitutional.

Few provisions that the SC struck down and the changes it has recommended: 

Section 57 of the Aadhar Act revoked. This section of the Aadhaar Act provided that private companies could ask consumers for Aadhaar details for identification purposes.

The court's judgment means that private bodies like telecom companies, e-commerce firms, private banks and other such firms cannot ask for biometric and other data from consumers for their services. 

Section 33(2) of Aadhar Act revoked. This provision in the Aadhaar Act allowed sharing of data with security agencies on the ground of national security. 

Section 47 of the Aadhaar Act struck down. This section allowed only the government to complain in case of theft of Aadhaar data. Now the individual too can file a complaint. 

The SC asked the Centre to bring a robust law for data protection as soon as possible. 

The SC said that Aadhaar must not be made compulsory for school admission and the administration cannot make it mandatory. 

The SC directed the government to ensure that illegal migrants are not issued Aadhaar to get benefits of social welfare schemes 




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