India's Supreme Court has declared that the Modi government's Aadhaar scheme is constitutionally valid but pared its scope significantly by striking down several of its provisions, including mandatory linkage with bank accounts, mobile phones and school admissions. A five-judge Constitution Bench headed by Chief Justice Dipak Misra held that no corporate entity, including both private and public sector banks as well as mobile telecom companies, can seek Aadhaar details of an individual.
It would also not be mandatory for school admissions, as also for the examinations conducted by the Central Board of Secondary Examination, National Eligibility cum Entrance Test (NEET) for medical entrance and the University Grants Commission. Aadhaar, however, would remain mandatory for filing of IT returns and allotment of Permanent Account Number (PAN).
The bench also struck down the national security exception under the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016. Observing that Aadhaar was meant to help the benefits reach the marginalised sections of society, it said the scheme served a much bigger public interest and shelving it at this stage could harm it. Three sets of judgments were pronounced in the matter. The majority one was pronounced by Justice A K Sikri, who wrote the judgment for himself, the CJI and Justice AM Khanwilkar. Justice DY Chandrachud and Justice Ashok Bhushan, who were also part of the bench, wrote their individual opinions. Justice Chandrachud said he was expressing certain views different from that of the judgment of the three judges, which amounted to “a dissenting” opinion, while Justice Bhushan said he concurred with the views of the majority.
