Supreme court of India finally rules on Aadhaar Card issues . . . [September 25, 2018]

Supreme Court Aadhaar verdict:

  1. Private companies cannot ask for Aadhaar card. [Section 57 of the Aadhaar Act which allowed sharing of data with private entities has been struck down]
  2. Aadhaar card is not mandatory for the opening of a bank account. Hence bank accounts can be opened without Aadhaar card. Not mandatory to link Aadhaar to bank accounts.
  3. Aadhaar mandatory for the filing of income tax returns. [NRIs are already exempted from this requirement as NRIs are not eligible for Aadhaar]
  4. No compulsion to link Aadhaar card to mobile phones. No mobile company can demand Aadhaar card. No requirement to provide Aadhaar to get new mobile SIM Card.
  5. Aadhaar not compulsory for school admissions. Even CBSE, NEET, UGC cannot make Aadhaar mandatory. No child should be denied the benefits of any scheme for not being able to produce an Aadhaar number.
  6.  Biometric data shall not be shared with any agency without the permission of the court.
  7.  Aadhaar authentication data cannot be stored for more than six months.

Services that will continue to require Aadhaar linking:

  • Mandatory to link PAN with Aadhaar. Aadhaar is compulsory for filing Income Tax returns for those who are eligible to apply for Aadhaar. PIOs,
  • NRIs continue to be exempt as Aadhaar is only for residents and non-residents are not eligible to apply for Aadhaar.
  • Aadhaar is compulsory for availing facilities of welfare schemes and government subsidies