The Aadhaar project, envisioned as India’s foundational digital identity infrastructure, has evolved into a critical piece of public infrastructure for various purposes, from social welfare distribution to financial services.
However, this ambitious application of a biometric identification system has been the subject of intense legal scrutiny, culminating in landmark judgments from the Supreme Court. These rulings have profoundly shaped the landscape of digital identity, privacy, and financial regulation in the country.
Read on as we discuss the core components of the Supreme Court’s decisions on Aadhar and how it can affect the Indian citizen.
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The Core Constitutional Challenge: Privacy vs. Legitimate State Interest
The central legal battle revolved around the conflict between the fundamental right to privacy and the government’s stated aim of using Aadhaar for the targeted delivery of subsidies and benefits. The Supreme Court, in its 2018 majority verdict, acknowledged the right to privacy as a fundamental right but held that it is not absolute.
The Court applied a three-pronged test to determine the constitutionality of the Aadhaar Act:
- Existence of a Law: The Aadhaar Act, 2016, provided the legal framework for the program.
- Legitimate State Interest: The Court accepted the government’s argument that ensuring social benefits reach the intended recipients was a legitimate state interest.
- Proportionality: The majority found that the benefits of Aadhaar in preventing the dissipation of social welfare benefits outweighed the potential intrusion into privacy.
However, the dissenting opinion by Justice D.Y. Chandrachud argued that the Aadhaar project, in its entirety, was unconstitutional and created a framework for pervasive state surveillance. He contended that the Act failed the proportionality test and that the potential for profiling and tracking citizens posed a grave threat to individual autonomy.
Also Read: Aadhaar Verification
Key Rulings and Their Implications
The Supreme Court didn’t give Aadhaar a blank check. It struck down several rules, which directly impacts how your Aadhaar number can be used. These are as follows:
| Where Aadhaar Was Used | What the Supreme Court Ruled | What This Means For You |
| Private Companies | Companies like mobile operators or digital wallets cannot force you to provide your Aadhaar number. | You can get a new SIM card or use a payment app without having to give your Aadhaar details. |
| Bank Accounts | It is no longer mandatory to link your Aadhaar to your bank account. | Your bank cannot deny you services or threaten to close your account if it’s not linked to Aadhaar. |
| Mobile Phones | Forcing people to link Aadhaar with their mobile number was ruled unconstitutional. | Mobile companies cannot demand your Aadhaar number to issue a new SIM or verify an existing one. |
| Storing Your Data History | The government was told it cannot store the metadata (details like when and where you used Aadhaar) of your transactions. | This ruling limits the government’s ability to create a detailed history of your activities, protecting you from potential surveillance. |
| How Long Data is Kept | The rule allowing your transaction data to be stored for five years was struck down. The court reduced this to just six months. | This reduces the risk of your personal data being misused, as it will be deleted much sooner. |
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The Money Bill Controversy
A significant point of contention was the classification of the Aadhaar Act as a ‘Money Bill’, which allowed it to bypass the Rajya Sabha, the upper house of the Indian Parliament.
The majority opinion upheld this classification, reasoning that the Act’s primary purpose was the distribution of subsidies from the Consolidated Fund of India. However, Justice Chandrachud’s dissent vehemently opposed this, calling it a “fraud on the Constitution” and a move that undermines the basic structure of bicameralism.
This debate continues to have implications for the legislative process and the balance of power between the two houses of Parliament.
Suggested Read: Aadhaar Authentication
Aadhaar as Proof of Age: A Recent Clarification
In a 2024 judgment, the Supreme Court clarified that the Aadhaar card is not conclusive proof of a person’s date of birth. The Court noted a circular from the Unique Identification Authority of India (UIDAI) itself, which stated that Aadhaar is a proof of identity, not of date of birth.
This ruling has important implications for age verification processes in various sectors.
Connecting Aadhaar to Elections: The Special Intensive Revision (SIR)
The Supreme Court’s clarifications on Aadhaar’s role extend to the democratic process itself. The Court recently allowed Aadhaar to be used as an identity document for the Special Intensive Revision (SIR) of voter lists.
The SIR is a large-scale, door-to-door verification drive conducted by the Election Commission of India (ECI) to ensure the accuracy of electoral rolls, prevent fraud, and uphold electoral integrity.
This process is crucial for new voter registration and updating existing details.
Documents for SIR and Aadhaar’s Specific Role
While allowing Aadhaar for voter list revision, the Supreme Court reiterated its earlier stance: Aadhaar is valid proof of identity only, not of citizenship or date of birth. For the SIR process, citizens need to provide a set of documents to verify their eligibility.
- For Identity Proof: Aadhaar is now one of the 12 accepted documents, alongside a Passport, PAN card, Driving Licence, and Voter ID (EPIC).
- For Address Proof: Documents like utility bills, rent agreements, bank passbooks, or a ration card are required.
- For Age Proof: A birth certificate or a 10th-grade certificate is typically needed. While an Aadhaar card with a date of birth can be submitted, it is not considered conclusive proof.
Suggested Read: Documents Required for Aadhaar
The 2021 Review and the Path Forward
In January 2021, the Supreme Court, by a 4:1 majority, dismissed a series of review petitions challenging its 2018 Aadhaar judgment. Justice Chandrachud, once again, was the sole dissenter. The dismissal of the review petitions has solidified the legal standing of the Aadhaar Act, albeit in its judicially modified form.
The Supreme Court’s engagement with the Aadhaar project has been a complex and multi-layered process. While the core of the Aadhaar Act has been upheld, the Court has also carved out significant protections for individual privacy and limited the scope of the program.
Conclusion
So, what’s the bottom line?
You now have more control over your Aadhaar data. The Supreme Court puts your privacy first by drawing clear lines about how your information can be used. While Aadhaar is a powerful tool for many things, this legal journey shows that technology and new ideas must always respect our fundamental rights.
It’s a powerful reminder that in our digital world, your privacy isn’t just a feature, it’s your right.
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