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

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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

India News

Amit Shah challenges Rahul Gandhi to debate SIR in Parliament

Amit Shah responded to Rahul Gandhi’s public debate challenge by inviting him to discuss the SIR exercise in Parliament. He also criticised the Congress over its demand for Chief Election Commissioner Gyanesh Kumar’s resignation.

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Union Home Minister Amit Shah has challenged Congress leader Rahul Gandhi to take up his demand for a public debate with Prime Minister Narendra Modi in Parliament, saying the government is ready to convene a special session to discuss the Special Intensive Revision (SIR) exercise.

Addressing a rally in Haryana’s Karnal, Shah directly responded to Gandhi’s challenge to the Prime Minister, asking the Congress leader to write to PM Modi if he wanted a discussion.

“I want to challenge Rahul Gandhi directly. You challenge PM Modi for a discussion? If you want a discussion, simply write a letter to PM Modi. We are ready to convene a special session of Parliament to discuss the SIR exercise… Come and debate in Parliament,” Shah said.

The remarks came two days after Rahul Gandhi issued another public debate challenge to the Prime Minister.

On November 3, Gandhi wrote in a post on X that PM Modi could choose any stage or venue for a discussion. He proposed debating allegations concerning who was anti-national and who had connections with foreign forces, adding that the media and the country’s youth should also be present.

Amit Shah targets Congress over SIR controversy

During his address, Shah also criticised the Congress over its demand for the resignation of Chief Election Commissioner Gyanesh Kumar.

Referring to the 2014, 2019 and 2024 Lok Sabha elections, the Home Minister argued that the Congress had lost despite no Special Intensive Revision exercise being conducted during those elections.

“Where was the SIR in 2014? You were completely wiped out even then. Where was SIR in 2019? You lost. There was no SIR in 2024 either, yet you lost again,” he said.

Shah also referred to the elections in Haryana and Maharashtra, claiming that there was no SIR exercise in either state when the Congress suffered electoral defeats.

He accused the Opposition of disrupting parliamentary proceedings and organising protests on the streets instead of allowing Parliament to function.

Shah criticises Rahul Gandhi over protests

The Home Minister further alleged that Rahul Gandhi and the Congress were creating disorder through street protests and parliamentary boycotts.

Shah said BJP workers would give a “fitting reply” if Gandhi continued to mobilise crowds on the streets.

He also questioned Gandhi’s claim to have mobilised large numbers of people for a rally in Delhi, alleging that the venue had a capacity of 70,000 and was still half empty despite an appeal to bring 10 lakh people.

“The people of the country have consistently defeated Rahul Gandhi and the Congress party. The people of the country are not with you or the Opposition alliance,” Shah said.

Amit Shah raises questions over Rahul Gandhi’s foreign visits

Shah also sought details about Rahul Gandhi’s foreign visits, arguing that people had a right to know about them.

“You’re Leader of Opposition… People have the right to know,” the Home Minister said.

His remarks came amid the continuing political confrontation between the BJP and Congress over the SIR exercise, electoral processes and the Opposition’s criticism of the Election Commission.

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Women’s cash schemes in Chhattisgarh ease inflation, not entrepreneurship

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By Neeraj Mishra

As Chhattisgarh celebrated its 26th Foundation Day with Home Minister Amit Shah as chief guest, there are worries about the cash programmes for women.

With the payment of the 33rd consecutive monthly installment of Mahtari Vandan Yojana to more than 67 lakh beneficiaries, Chhattisgarh has created a record of sorts. The 67 lakh women are supposed to have received a monthly cash dole of Rs 1000 per head in their accounts totaling to a mammoth Rs 21,350 crore. It translates into a very neat Rs 33000 per head for each married woman over the age of 21 so far.

And all these women are KYC- checked and receive the direct benefit transfer. If there are an average of  three married women in a joint family, then the amount totals to better than the average rise in paddy prices. That’s not all, there are six other women’s schemes which provide easy loans and rent free shops in good locations. These schemes pump in a further Rs 11,000 crore into each household every year. Further, the renamed MNREGA has another Rs 16,200 crore reserved for the state every year.

So far so good and it reads like a state government PR pamphlet. Now for the bad news. The cash dole has so far been absorbed by the family itself because of the inordinate rise in fuel prices. By all accounts only 23 per cent of the households who receive gas cylinders are able to continue buying it. Only 15 per cent of those who received loans for various trades including e-rickshaws have been able to sustain it. This is roughly about 41,000 women so far.

The state had also invested in physical infrastructure like sheds and shops for trades like mushroom farming, goat farming and small size hatcheries. Some shops were given rent free on prime locations in Raipur, Durg and Bilaspur etc. Most of these facilities have been abandoned as the self-help groups (SHGs) formed for the purpose haven’t been able to convert it into a profitable venture. In fact, each SHG, which usually has 11 women, is given a monthly encouragement amount of Rs 15,000 which is now being split amongst the group with nothing to show for it.  Most sheds have either broken down or have become illegally occupied. Better still, the shops have been handed over to businessmen to recover some of the cost.

“The main reason these schemes have not had the desired effect is lack of training and a general apathy on part of the entrepreneurs because of easy cash,” said an official. And that best sums it up.

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Sharad Pawar admitted to Mumbai hospital hours after Pune discharge

NCP (SP) chief Sharad Pawar was admitted to Mumbai’s Breach Candy Hospital hours after being discharged from Pune’s Ruby Hall Clinic, where he had been undergoing medical observation following complaints of cough and chest pain.

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Sharad Pawar

Nationalist Congress Party (Sharadchandra Pawar) chief Sharad Pawar was admitted to Mumbai’s Breach Candy Hospital on Wednesday, just hours after being discharged from Pune’s Ruby Hall Clinic. His daughter and Baramati MP Supriya Sule confirmed the development in a social media post, saying that the veteran politician was being admitted for further medical tests.

The 85-year-old leader had been discharged from Ruby Hall Clinic earlier on Wednesday after being admitted on November 2 following complaints of cough and pleuritic chest pain.

Confirming his admission to the Mumbai hospital, Supriya Sule said, “We are admitting Baba to Breach Candy Hospital for further tests. Thank you all for your concern and good wishes.”

Pawar’s latest hospitalisation came after he had undergone medical tests and observation during his stay at the Pune facility. Sule had earlier said that his health parameters were stable.

Why was Sharad Pawar admitted to hospital?

Sharad Pawar was initially admitted to Pune’s Ruby Hall Clinic on November 2 after experiencing complaints of cough and pleuritic pain, a form of chest pain that generally becomes worse while breathing, coughing or sneezing.

Dr Purvez K Grant, chief cardiologist, chairman and managing trustee of Ruby Hall Clinic, had said that Pawar was admitted for a general health check-up and medical observation following complaints of pleuritic pain.

During his hospital stay, Supriya Sule had informed that Pawar was undergoing medical tests and that his health parameters remained stable.

He was subsequently discharged from the Pune hospital on Wednesday. However, hours later, his family decided to admit him to Mumbai’s Breach Candy Hospital for further medical examinations.

PM Modi calls Sharad Pawar, advises complete rest

Prime Minister Narendra Modi also spoke to Sharad Pawar over the phone on Wednesday morning to enquire about his health.

According to Pawar’s aide Vitthal Maniyar, the Prime Minister spoke to the NCP (SP) chief and advised him to take complete rest.

Maniyar said Modi told Pawar that his daughter Supriya Sule and others were ready to take care of the country, and that the veteran politician should focus on his health.

Pawar thanked the Prime Minister for enquiring about his well-being, the aide said.

Maniyar also said that Pawar told Modi that he was resting and had no worries about the country, as others were there to take care of things.

The latest hospital admission was confirmed by Supriya Sule, who said her father was being taken to Breach Candy Hospital for further tests.

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