Sep 26, 2018 the supreme court judgment stated that linking of your pan card and aadhaar is mandatory. File photo reminding the central government that aadhaar cannot be made mandatory for any services, the supreme court has ordered it to remove a condition making it mandatory for the students to give their aadhaar numbers for various scholarship schemes. The supreme court countered some of the aadhaarsurveillance arguments with an observation that similar data collection happens when a person uses an iphone or an atm. The supreme court s aadhaar judgement has clarified the law on the services where the government cannot insist on the aadhaar card. This was headed by justice jasti chelameswar the court further said that no person should be denied any benefits or suffer for not. The supreme courts aadhaar judgement has clarified the law on the services where the government cannot insist on the aadhaar card. Aadhaar not mandatory compulsary in india supreme court of india. Supreme court has finally made an official announcement that it is mandatory to link an aadhaar card with pan card to file it returns. Judges rule card not mandatory for government subsidies. Mar 28, 2018 aadhar card is not a mandatory document as was recently ruled by the supreme court of india. Indias top lawyers, arguing against the validity of aadhaar in the supreme court, have highlighted concerns about everything from possible citizen profiling and state control to denial of public services and hasty passage of the law making the biometric id mandatory.
Aadhaar cant be mandatory for opening bank accounts or mobile phone connections, or for school admissions, rules supreme court. You can provide another government id proof for verification. Mar 28, 2018 the supreme court today refused to pass an interim order extending the deadline of march 31 for linking of aadhaar with the welfare schemes where benefits are transferred to citizens from the consolidated fund of india. The supreme court of india has ordered that the government should not restrict social benefits to those who are yet to receive their aadhaar card and not to issue the card to illegal migrants. Aadhaar is mandatory for pan card linking, said the apex court. After supreme court verdict, what needs to be linked with. Is it not mandatory to provide aadhaar to open bank accounts, get sim cards, or for services from. Supreme court raps centre for making aadhar mandatory catch.
Aadhaaract the supreme court judgment stated that linking of your pan card and aadhaar is mandatory. Supreme court rules aadhaar not mandatory for bank accounts. All about aadhaar verdict the supreme court has passed the verdict on 27 th september 2018 that you no longer need to link your aadhaar to mobile phones and bank accounts. Jan 26, 2019 i disagree with the judgement but intend to fully honor it. The observations of supreme court of india are also presented in this paper. For understanding why apex court is not making adhaar card to be compulsory we have to understand two things. A bench led by justice v gopala gowda recalled an order of the top court. Aadhaar valid but conditions apply, supreme court decides.
The supreme court 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. Mar, 2018 the supreme court today extended the march 31 aadhaar deadline till it delivers its final verdict on the entire case and said that the uidai card is not mandatory for banking, phone and passport services for now. The supreme court has announced that for now, citizens do not have to link their aadhaar numbers to a range of services. Sep 26, 2018 indias supreme court has come down heavily on the mandatory linking of aadhaar for almost everything. Before central government challenging to adhaar in the court it pushing persons to link up their adhaar to various documents like mobile sim card,bank accounts,etc. The supreme court judgment stated that linking of your pan card and aadhaar is mandatory. Supreme courts judgement on aadhaar find out the impact. The supreme court of india issued an interim order on 23 september 20 saying that no person should suffer for not. Linking aadhar card with pan card is now partially mandatory.
Aadhar card is not mandatory, rules supreme court youtube. However, you can also provide aadhaar card for verification as it is optional and not invalid. Aadhar has been facing a sufficient amount of criticism ever since it was proposed. Aadhar card is a voluntary id document that every legal resident of india can avail irrespective of their present documentation. Supreme court upheld the validity of aadhaar, but imposed some restrictions on its use. The supreme court today directed the cbse not to make aadhaar number mandatory for enrolment of students appearing in neet 2018 and other allindia exams. The hearing of the validity of aadhar is currently progressing in the supreme court of india with a five judge bench taking over the issue. Court said the program is not mandatory for bank accounts, sims. However, the supreme court of indias ruling on aadhar scheme may be viewed as a setback to the central upa 2 government and some state governments which started making obtaining the aadhar card number, mandatory, directly or indirectly. March 31 was the earlier deadline to link aadhaar to bank accounts and mobile phones. Having said so, it becomes clear from the aforesaid discussion that those who are not pan holders, while applying for pan, they are required to give aadhaar number. Todays verdict concludes a 38day hearing held over four months, the secondlongest oral hearing in history after the kesavananda bharati case.
The supreme court said the government will now have to publicise widely that the aadhaar card was not mandatory. The supreme court has unequivocally stated as follows. Sep 26, 2018 aadhaar is mandatory for pan card linking, said the apex court. The supreme court today asked the government to explain why the aadhar card is still being treated as mandatory by the government. Heres a list of services where aadhaar is not required. In a major judgment, the supreme court on tuesday said that aadhar card will be optional for availing various welfare schemes of the government. Sep 26, 2018 supreme court upheld the validity of aadhaar, but imposed some restrictions on its use. Supreme court says aadhaar card is mandatory for getting a pan card, filing itr but not for mobile phone connections and bank accounts.
The fivejudge bench ruled that the aadhaar programme served the larger public interest in ensuring that the poor have access to resources. First thing is that in menaka gandhi vs union of india1978 case supream court declared many rights such as right to privacy, right to in. Download full text of supreme court judgment on aadhaar. Aadhaar details of a person cannot be disclosed in the name of national security. It is mandatory to link permanent account number pan with aadhaar.
Rejecting the governments plea, the supreme court said it will now have to publicise widely that the aadhaar card was not mandatory. Sep 26, 2018 a 5judge constitutional bench of the supreme court on wednesday upheld the constitutional validity of aadhaar scheme. The supreme court on wednesday said aadhaar is not needed for opening a bank account, or getting a sim card and private companies cannot ask for aadhaar details. In this paper, section 2 discusses the scope and advantages of linking aadhaar card to various systems. What do you think about the supreme court judgement on.
The supreme court of india, today gave a decision that linking aadhar card with pan card is not mandatory for people who dont have an aadhar card and those who have not yet applied for it however, people who already have an aadhar card have to. Supreme court rules aadhaar not mandatory for social benefits. After supreme court verdict, what needs to be linked with aadhaar and what doesnt. Aadhar card search by village wise list step by step guide. Attorney general mukul rohatgi told the apex court they have found that a number of pan cards. Supreme court says aadhaar not necessary for essential. Aadhaar not mandatory for bank accounts supreme court. In the september 2018 judgment, the supreme court nevertheless stipulated that the aadhaar card is not mandatory for opening bank accounts, getting a mobile number, or being admitted to a school. Bank accounts and mobile phone no longer need to be linked, but pan card and incometax returns still require.
A 5judge constitutional bench of the supreme court on wednesday upheld the constitutional validity of aadhaar scheme. In the most awaited matter, supreme court of india on wednesday declared its verdict on central governments aadhaar card scheme and regarded it as constitutionally valid. What is aadhaar mandatory for and what is it not mandatory. On september 26, 2018, a constitution bench of the supreme court, led by chief justice of india dipak misra upheld the validity of aadhaar but with riders. The supreme court of india, today gave a decision that linking aadhar card with pan card is not mandatory for people who dont have an aadhar card and those who have not yet applied for it. The supreme court today asked the government to explain why the aadhar card is still being treated as mandatory by the government for citizens who want to get their marriages or property. Here is all you need to know about the implications of the aadhaar verdict. Apr 21, 2017 the supreme court on friday expressed its displeasure over the centres move to make aadhar mandatory. The supreme court repealed section 33 2 of the aadhaar act. The fivejudge constitution bench of supreme court, led by chief justice dipak misra, struck down section 57 of the aadhaar act which allowed not only the government but also any private entity to. Though the verdict delivered by a fivejudge constitution bench of the supreme court on the validity of aadhaar has upheld most of the provisions in the aadhaar act and also ruled that it does not breach privacy, it has struck down several provisions that could have infringed privacy or gave unnecessary exposure to personal information. The supreme court today said that the aadhaar unique identity system will not be compulsory for indian.
The sc said no person will be denied benefits under social welfare scheme because of failure of authentication through aadhaar. Thats despite an august 2015 supreme court order pdf restraining the. Jun 14, 2017 for understanding why apex court is not making adhaar card to be compulsory we have to understand two things. At the same time, sc has also upheld mandatory linkage of aadhaar with pan card and. In fact, in 20 itself, the apex court had said, no person should suffer for not getting an aadhaar card. Sep 24, 20 the supreme court of india has ordered that the government should not restrict social benefits to those who are yet to receive their aadhaar card and not to issue the card to illegal migrants. Aadhaar linking not mandatory for bank accounts, phones for. Aadhaar valid but conditions apply, supreme court rules aadhaar means unique, and its better to be unique than being the best, the supreme court said today. The court ruled out biometric id as mandatory for accessing welfare schemes and subsidies. After months of waiting, the landmark judgement of the supreme court sc on aadhaars constitutionality is finally out and, as expected, the ruling is in favour of the aadhaar act. India supreme court verdict on constitutional validity. It has also laid down the services for which aadhaar card is mandatory read article. The supreme court has passed a historic and landmark verdict. Aadhaar not mandatory for bank account, mobile number but.
Aug 11, 2015 rejecting the governments plea, the supreme court said it will now have to publicise widely that the aadhaar card was not mandatory. The supreme court has said that schools cannot demand aadhaar from children at the time of admissions. It would mean that those who would not be possessing aadhaar card as on july 01, 2017 may. Mar 27, 2017 countering the government push to make aadhaar compulsory for access to social welfare schemes, the supreme court on tuesday said obtaining the 12digit unique identification number, which. Adhaar is the most sophisticated and most unique id programming system in the world. This is what the supreme court did not like about aadhaar. The supreme court of india has cleared all the doubts regarding the validity of aadhar card to avail of government subsidies. Apr 18, 2020 aadhaar not mandatory for school admissions.
Why is the supreme court not allowing the aadhaar card to be. Why indias supreme court allowed linking aadhaar with pan. Judges rule aadhaar card not mandatory for government. Jun 11, 2017 aadhar needed for pan card registration. Section 3 present case studies in which the implementation of aadhaar card may lead to security threats.
Supreme court upholds constitutional validity of aadhaar. Supreme court rules aadhaar not mandatory for bank accounts, mobile numbers, school admissions justice a k sikri, who is part of the fivejudge bench ruling on the validity of the aadhaar act and who wrote the majority judgment, also struck down section 57 of aadhaar act, which permits private entities to avail of aadhaar data. In the 20 order, the apex court had directed that no person should suffer for not getting the aadhaar card, inspite of the fact that some authority had issued a circular making it mandatory. How to update aadhar card online e aadhar card download. Supreme court rules aadhaar not mandatory for social. The centre and state governments must not insist on aadhaar from citizens before providing essential services, the apex court ruled in a significant development, the supreme court on monday has ruled that aadhaar or the unique identification uid number, the united progressive alliance upas ambitious scheme, is not mandatory to avail essential services from the. In an order with wide ramifications, the supreme court on tuesday ruled that aadhar card is not mandatory for the citizens. Matter was heard at length by a three judges bench of this court and detailed arguments were. Follow live updates on supreme court verdict on aadhaar. Judges rule aadhaar card not mandatory for government subsidies.
The section makes quoting of the aadhaar number mandatory while applying for a pan. It has also laid down the services for which aadhaar card is mandatory. Supreme court upholds constitutional validity of aadhaar with. Supreme court rules aadhaar not mandatory for bank accounts, mobile numbers, school admissions. The court also asked the government to give widespread publicity through various media that aadhar is not mandatory. Notably, when the provision for aadhar card was initiated it was clarified that aadhar. My reservations should be seen as a difference of opinion not an indictment, rejection or the contempt of the court. Final government, supreme court decision link aadhar card. Aadhaar is also not needed for admission in schools while as it is mandatory to link pan card with aadhaar and it is a must for filing income tax returns. Aug 11, 2015 in an order with wide ramifications, the supreme court on tuesday ruled that aadhar card is not mandatory for the citizens. In their cases, the enrolment id of aadhaar application form is to be quoted. The supreme court also ruled that aadhaar card would not be mandatory for school admissions or any 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. Aug 11, 2015 in a major judgment, the constitution bench of supreme court on tuesday ruled that aadhar card can be used for availing government schemes but it is not necessary.
Earlier, the delhi high court has made an official judgment saying that there is no need to link aadhaar with pan in a mandatory manner in order to file tax returns for 201819. The supreme court of india in its judgment of a writ petition filed by justice k s puttaswamy retd. Aadhaar not mandatory for bank accounts supreme court rules. Aadhaar card cant be made mandatory for govt welfare. The court said, aadhaar does not infringe on an individuals right to privacy. Aadhaar not mandatory for enrolment in neet, supreme court. The 12digit unique number for each citizen does not have to. This was a mass activity happening in india and every mobile number operator and bank account was behind the customer to link their phone with their aadhaar.
In section 4 the observations of the honourable supreme court of india are discussed. Supreme court rules aadhaar not mandatory for bank. The bench also asked how data collection via aadhaar was different from data collection via a pan card linked to the income tax department, say. Here is a list of services where aadhaar linking is mandatory and where it is. However, the apex court announced that aadhaar card is not mandatory for opening bank accounts, mobile connections, and for taking admission in schoolscolleges. A 5member constitution bench of the supreme court led by chief justice dipak misra ruled that aadhaar is mandatory. But incidentally, the supreme court has been stating that there is no way that aadhar can be made mandatory.
It also ruled that no authority shall seek aadhaar cards from. Aadhar card not mandatory to avail schemes, rules supreme court. For clients who are not beneficiaries of the aforesaid welfare schemes or who do not. On march 27, the supreme court ordered that the government cannot be stopped from using aadhaar identification for its nonwelfare schemes like opening of bank accounts, filing of tax returns, verification of new and existing mobile phone numbers and user credentials etc. Sep 26, 2018 the supreme courts aadhaar judgement has clarified the law on the services where the government cannot insist on the aadhaar card.
The same thing was said by the supreme court on friday, which has been cleared by the government. Supreme court ruling will only strengthen aadhaar, says uidai chief. In effect, the supreme court has endorsed section 9aa of the indian income tax act, introduced in budget 2017. According to the statement issued by the cbdt, aadhaar number and enrollment id must be mentioned in all the pan cards formed from july 1 and also required. The court has dispersed for lunch and will reassemble at 2.
The supreme court of india on 23 september 20 held that aadhaar cards or unique identification number uid will not be mandatory for availing services or benefits under government schemes like. Supreme courts judgement on aadhaar find out the impact on. Sep 26, 2018 the supreme court wednesday declared the centres flagship aadhaar scheme as constitutionally valid but struck down some of its provisions including its linking with bank accounts, mobile phones. In a landmark verdict on the aadhaar act, the supreme court upheld its constitutional validity and listed out a number of services where aadhaar is not required. Further we present various cases in which aadhaar card may pose security threats. Sep 24, 20 the supreme court of india on 23 september 20 held that aadhaar cards or unique identification number uid will not be mandatory for availing services or benefits under government schemes like. This is the stipulation of subsection 1 of section 9aa, which we have already upheld. Oct 01, 2018 in effect, the supreme court has endorsed section 9aa of the indian income tax act, introduced in budget 2017. Court says aadhaar linking is not mandatory for bank accounts and mobile phones, but a must for pan. Aadhaar card is not mandatory as address or identity proof any more. Aadhaar card cant be made mandatory for govt welfare schemes. In a major judgment, the constitution bench of supreme court on tuesday ruled that aadhar card can be used for availing government schemes but it is not necessary. The court also ruled that the information obtained through uid can not be shared for any other purpose except for criminal investigation and that too with the courts approval.
Indias supreme court has come down heavily on the mandatory linking of. The sc has confirmed that the aadhar card is not compulsory, and further, officials who insist on them will be taken to task. Why is the supreme court not allowing the aadhaar card to. Supreme court orders linking aadhaar card with pan card mandatory.
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