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Supreme Court rules 4-1 Aadhaar as constitutionally valid, but not required for everything

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8 years ago

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Supreme Court rules 4-1 Aadhaar as constitutionally valid, but not required for everything

In a long awaited judgment, the Supreme Court in 4-1 verdict on Wednesday, September 26, declared the Centre’s Aadhaar scheme, that uses biometric data to generate 12-digit unique identification numbers for citizens, as constitutionally valid even as it struck down some the provisions that made it mandatory to link it with bank accounts and mobile phones.

A five-judge bench headed by Chief Justice Dipak Misra held that while Aadhaar would remain mandatory for filing of income tax returns (ITR) and allotment of Permanent Account Number (PAN), it would not be mandatory to link Aadhaar to bank accounts and telecom service providers cannot seek its linking of Aadhaar for mobile connections.

The top court also held that Aadhaar would not be mandatory for school admissions. It would also not be mandatory examinations conducted by the Central Board of Secondary Examination (CBSE), National Eligibility cum Entrance Test (NEET) for medical entrance and the University Grants Commission (UGC), the court ruled.

The top court also struck down the national security exception under the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016. It said Aadhaar is meant to help the benefits reach the marginalised sections of society and takes into account the dignity of people not only from personal but also community point of view.

The top court said Aadhaar is serving a much bigger public interest. Aadhaar means unique and it is better to be unique than being best.

Three sets of judgments were pronounced in the matter. The first of the three verdicts was pronounced by Justice AK Sikri who wrote the judgment for himself, CJI and Justice AM Khanwilkar.

Justice Chandrachud and Justice Ashok Bhushan, who are part of the bench have written their own judgments. Justice DY Chandrachud dissented, and Justice Ashok Bhushan concurred with the majority judgment.

Delivering the majority opinion of the five-judge Constitution bench, Chief Justice Dipak Misra, Justice Arjan Kumar Sikri and Justice AM Khanwilkar said there was a “sufficient defence mechanism” for authentication in the scheme.

The judges said there was nothing in the Aadhaar Act that violates a person’s right to privacy. It also upheld the passing of the Aadhaar Bill as a Money Bill by the Lok Sabha.

Justice Sikri, reading out the majority verdict, struck down Section 57 of the Aadhaar Act which permits private entities to avail Aadhaar data and ruled that Aadhaar authentication data cannot be stored for more than six months. It directed the government not to give Aadhaar to illegal immigrants.

He said the attack on Aadhaar by petitioners was based on violation of rights under the Constitution, which they felt will lead to a surveillance State.

Observing that there has been minimal demographic and biometric data collected by UIDAI for Aadhaar enrolment, Justice Sikri said unique identification proof also empowered and gave identity to marginalised sections of society.

There is no possibility of obtaining a duplicate Aadhaar card, he said, adding there is sufficient defence mechanism for authentication in Aadhaar scheme.

The concept of human dignity has been enlarged in the judgement, he said.

Aadhaar means unique, and it’s better to be unique than being the best, the court said. It struck down the national security exception in the Aadhaar Act, the scheme’s enabling law, as well as Section 57 of the Act, which permits private entities to avail Aadhaar data.

The court said it wasn’t mandatory to link Aadhaar to bank accounts or mobile numbers, but that that the identification was compulsory for the filing of I-T returns and for the allotment of Permanent Account Numbers (PAN).

It said no child can be denied benefits of any schemes if he or she can’t produce an Aadhaar number. The CBSE, the NEET, and the UGC can’t make Aadhaar mandatory, and the scheme isn’t compulsory for school admissions, the court said.

The court also directed the government not to give illegal immigrants Aadhaar.

The Constitution bench had reserved its verdict on May 10. It heard petitions challenging Aadhaar’s constitutional validity on grounds that it violated the fundamental right to privacy. Last year, a nine-judge Constitution bench of the Supreme Court held that privacy was a fundamental right.

Today’s verdict concludes a 38-day hearing held over four-and-half months, the second-longest oral hearing in history, and concerns a programme that already covers more than 122 crore Indians. A number of services, such as government welfare schemes, require Aadhaar authentification.

Key points in the dissenting judgment of Justice DY Chandrachud:

The passing of Aadhaar Bill as a money bill was a subterfuge. Superseding Rajya Sabha to pass the Aadhaar Bill is a fraud to the Constitution.

Justice Chandrachud said Article 110 has specific grounds for Money Bill and Aadhaar law went beyond these grounds. It may have been politically expedient for the ruling party in power to bring Aadhaar Act as Money Bill. But it amounted to debasement of constitutional authorities, he observes.

Justice Chandrachud said individuals cannot be asked to wait upon the vicissitudes of algorithms. He said authentication data can only be retained for six months.

He warned leakage from central database will pave way for surveillance. UIDAI has no accountability/responsibility for storage or leakage of data, he said.

Certain provisions lead to invasion of biological attributes. Differing with the majority judgment on Aadhaar giving dignity of marginalised, he said, “One right cannot take away another. Dignity to the marginalised cannot do away with right of a person to bodily autonomy.”

Constitutional guarantees cannot be left to risks posed by technological advancements

Absence of independent regulatory framework compromises data protection therefore Aadhaar does not pass the constitutionality test under Article 14

“Aadhaar negates pluralistic identities and reduces a person to just 12 digits,” he says.

Justice Chandrachud also raps Central government for insisting on Aadhaar for several schemes despite the Supreme Court repeatedly saying it is not mandatory in various rulings.

With this, Justice Chandrachud strikes down the validity of Aadhaar.

Justice Ashok Bhushan in his judgment he concurred with the majority judgment, except on three aspects.

In the name of Aadhaar, rightful beneficiaries should not be denied services, subsidies, or benefits, Justice Bhushan said.

He said the Lok Sabha Speaker’s decision to pass a Bill as Money Bill is amenable to judicial review.

Justice Bhushan said no material was placed before the Supreme Court to indicate that there has been considerable denial of benefits of subsidies to deserving persons.

He also said that biometric data contains certain personal information of citizens and the breach, if any, has to be ascertained.

Highlights of the verdict:

  1. Aadhaar mandatory for filing of IT returns and allotment of Permanent Account Number, says SC
  2. SC says not mandatory to link Aadhaar to bank accounts
  3. Aadhaar not needed for mobile connections. Telecom service providers can’t seek linking of Aadhaar, says SC
  4. SC says nothing in Aadhaar Act that violates right to privacy of individual
  5. SC upholds passing of Aadhaar Bill as Money Bill by Lok Sabha
  6. SC says no child can be denied benefits of any schemes on not being able to bring their Aadhaar number
  7. SC directs government not to give Aadhaar to illegal immigrants
  8. CBSE, NEET, UGC cannot make Aadhaar mandatory, also not compulsory for school admissions: SC
  9. Aadhaar authentication data cannot be stored for more than six months: SC
  10. SC Constitution Bench strikes down the National security exception under the Aadhaar Act
  11. Section 57 of Aadhaar Act permitting private entities to avail Aadhaar data struck down
  12. Robust data protection regime has to be brought in place as early as possible, says Justice Sikri in majority verdict
  13. There is sufficient defence mechanism for authentication in Aadhaar scheme: Justice Sikri
  14. The concept of human dignity has been enlarged in the judgement, says Justice Sikri
  15. SC declares Aadhaar scheme as Constitutionally valid
  16. There is no possibility of obtaining a duplicate Aadhaar card: Justice Sikri
  17. It is better to be unique than being best; Aadhaar means Unique: SC
  18. SC says there has been minimal demographic and biometric data collected by UIDAI for Aadhaar enrolment
  19. Unique identification proof also empowers and gives identity to marginalised sections of society, says SC

Read the Full Judgment here

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Congress to challenge Meenakshi Natarajan’s Rajya Sabha nomination rejection in Madhya Pradesh High Court

Congress leader Meenakshi Natarajan has announced that the party will challenge the rejection of her Rajya Sabha nomination in the Madhya Pradesh High Court, alleging the decision was legally flawed and that the Election Commission failed to follow a consistent approach.

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July 7, 2026

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The Congress is preparing to challenge the rejection of senior leader Meenakshi Natarajan’s Rajya Sabha nomination before the Madhya Pradesh High Court, shifting the dispute from the political arena to the legal forum.

Weeks after her nomination was rejected ahead of the Rajya Sabha elections, the former Member of Parliament asserted that the decision was not the result of any lapse by Congress leaders, legal experts or those involved in preparing the nomination papers. Instead, she claimed the rejection was based on an incorrect legal interpretation.

Congress to file election petition

Natarajan said the party would file an election petition within the prescribed time and contest the entire process before the High Court. She also alleged that a deliberate narrative was created to portray the rejection as a consequence of negligence within the Congress, thereby diverting attention from the Election Commission’s role.

According to her, the Returning Officer rejected her nomination citing non-disclosure of information related to a pending case. However, she argued that Form-26, which candidates are required to submit along with their nomination papers, does not contain any specific provision requiring disclosure of such information.

Natarajan said she has contested multiple elections in the past and maintained that experienced legal experts within the Congress have handled nomination papers for years, making such an oversight highly unlikely.

Questions raised over Election Commission’s approach

The Congress leader also questioned the Election Commission’s handling of the matter, alleging that it failed to apply uniform standards in similar cases.

She referred to the case of Rajya Sabha candidate Parimal Nathwani in Jharkhand, claiming he was given 24 hours to rectify issues in his nomination papers, whereas she was not provided a similar opportunity. According to Natarajan, the differing treatment raises concerns about consistency in the poll body’s decision-making process.

Congress sources said the party’s legal cell is preparing the election petition under the guidance of senior lawyers. The dispute had earlier reached the Election Commission and subsequently the Supreme Court, but the party will now pursue the legal remedy available after the election process through the High Court.

The Congress has also alleged that the Election Commission did not act impartially during the proceedings. Party leaders claimed senior Congress representatives and lawyers reached the poll body on time to present their arguments, but the proceedings were delayed. They further alleged that the Election Commission had the authority to overturn the Returning Officer’s decision but chose not to intervene.

BJP rejects Congress allegations

The Bharatiya Janata Party dismissed the Congress’ allegations, attributing the controversy to internal issues within the opposition party.

BJP state spokesperson Ajay Yadav said the rejection of Natarajan’s nomination was the result of internal infighting in the Congress. He also claimed that the senior leader had been sidelined within her party and suggested that the Congress should introspect instead of blaming the Election Commission.

Natarajan, however, rejected claims that the Congress was responsible for any lapse leading to the rejection of her nomination.

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Heavy rain triggers flash floods and landslides across Jammu and Kashmir, damaging roads and property

Heavy rainfall triggered flash floods and landslides across Jammu and Kashmir, damaging infrastructure, disrupting traffic and prompting authorities to issue a weather advisory.

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3 hours ago

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July 7, 2026

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Monsoon in Jammu and Kashmir

Heavy rainfall across several parts of Jammu and Kashmir triggered flash floods and landslides, causing widespread damage to roads, vehicles and residential property. The adverse weather also disrupted traffic in multiple areas, prompting authorities to advise people to remain vigilant.

Flash flood causes destruction in Doda

A flash flood struck the Thathri sub-division of Doda district after heavy overnight rainfall, leading to significant damage to homes, vehicles and other property.

Floodwaters surged through the Thathri market after water levels in local streams rose rapidly. Large quantities of mud, stones and debris entered residential areas, inundating houses and damaging parked vehicles as water flowed through roads and marketplaces.

Residents said the flooding occurred suddenly, leaving little time to respond. Officials have started assessing the damage, while restoration and relief work is underway.

Local residents alleged that debris from ongoing link road construction is frequently dumped into the Thathri stream. They claimed the accumulated material obstructs the natural flow of water, increasing the risk of flooding during heavy rainfall. Residents urged the administration to take corrective measures to prevent similar incidents in the future.

Doda-Kishtwar highway affected by flash floods

Continuous rainfall also triggered flash floods that damaged the Doda-Kishtwar highway, disrupting vehicular movement on the route.

Officials said floodwaters deposited large amounts of mud, boulders and debris on the highway. A portion of the road was damaged, forcing authorities to suspend traffic until conditions improve.

In neighbouring Kishtwar district, heavy rain triggered a landslide and mudslide near the tunnel area of the under-construction 540 MW Kwar Hydroelectric Power Project, adding to the weather-related disruption in the region.

Administration issues weather advisory

The administration had earlier issued an advisory warning of heavy rainfall, thunderstorms, flash floods and landslides in vulnerable areas across Jammu and Kashmir.

Authorities advised residents, particularly those living near rivers, streams and nallahs, to remain alert and avoid unsafe locations during the ongoing spell of rain.

Samba receives highest rainfall

According to the Meteorological Department, Samba recorded the highest rainfall in the Jammu region during the 24-hour period ending at 8:30 am on Monday, receiving 90 mm of rainfall.

Kathua received 66.2 mm, followed by Katra (44.4 mm), Doda (42 mm), Jammu (41.8 mm), Udhampur (40.6 mm), Bhaderwah (33.6 mm), Kishtwar (24 mm), Reasi (10.5 mm), Batote (4.7 mm), Ramban (4.5 mm) and Banihal (0.4 mm).

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Mumbai-Pune train services remain suspended for second day after landslides, Central Railway issues fresh cancellation list

Heavy rainfall-triggered landslides have disrupted Mumbai-Pune train services for a second consecutive day, with Central Railway cancelling several MEMU services and continuing restoration work.

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4 hours ago

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July 7, 2026

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Train services between Mumbai and Pune remained suspended for the second consecutive day on Tuesday after heavy monsoon rains triggered multiple landslides in the Bhor Ghat section of the Central Railway network, affecting one of Maharashtra’s busiest rail corridors.

Railway officials continued restoration work across the affected stretch, where mud, rocks and boulders have blocked tracks following persistent rainfall. Authorities said services will resume only after a detailed safety inspection confirms that the route is fit for operations.

Landslides disrupt railway operations in Bhor Ghat

The disruption was caused by multiple landslides in the Karjat-Lonavala section. A major landslide occurred between Thakurvadi and Monkey Hill Loop Cabin (MHLC) on the Up Main Line in the Mumbai division. Another incident was reported on the Middle Line between Khandala and Monkey Hill.

Continuous rainfall has destabilised slopes in the ghat region, resulting in debris falling onto multiple railway tracks and making train movement unsafe.

Teams from Central Railway have been working with heavy machinery to remove debris, inspect the tracks and restore services. However, ongoing rainfall has slowed restoration efforts, prompting authorities to continue the suspension of train operations in the interest of passenger safety.

Central Railway cancels six MEMU services

Central Railway has released a fresh list of cancelled MEMU services for July 7, 2026.

The cancelled trains are:

  • DRD-PNVL MEMU (Train No. 69164), departure 5:25 am
  • PNVL-DSR MEMU (Train No. 69165), departure 9:20 am
  • BSR-PNVL MEMU (Train No. 69168), departure 12:10 pm
  • PNVL-BSR MEMU (Train No. 69167), departure 2:35 pm
  • BSR-PNVL MEMU (Train No. 69166), departure 4:40 pm
  • PNVL-DRD MEMU (Train No. 69161), departure 7:05 pm

Passengers have been advised to check the latest train status through official railway platforms before travelling.

Railway Minister reviews restoration efforts

Union Railway Minister Ashwini Vaishnaw reviewed the ongoing restoration work and directed officials from Central and Western Railway to coordinate efforts to restore services at the earliest without compromising passenger safety.

Railway authorities said operations would resume only after a comprehensive inspection confirms that the affected tracks are safe for regular train movement.

Heavy rain also impacts road traffic

The intense rainfall has also disrupted road transport between Mumbai and Pune. Landslides and waterlogging affected parts of the Mumbai-Pune Expressway as well as the old Mumbai-Pune Highway, causing temporary traffic disruptions before authorities cleared the affected sections.

Meanwhile, the India Meteorological Department (IMD) has issued a red alert for several parts of Maharashtra, warning of continued heavy to very heavy rainfall. Officials cautioned that further showers could trigger additional landslides and delay the restoration of railway services.

Railway authorities said updates on cancellations, diversions and the resumption of train services will continue to be issued as restoration work progresses.

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