Aadhaar/ Unique Identification Number (UID)
This is a collection of articles archived for the excellence of their content. |
UID/ Aadhaar: A backgrounder
The Times of India, Oct 09 2015
Mahendra Singh
Aadhaar not mandatory, but makes life easier
The Aadhaar number is not a mandatory ID and the government is willing to reiterate this commitment but inability to link the UID platform with a plethora of central and state welfare schemes will severely disadvantage a large chunk of 92 crore persons enrolled in the scheme who have no other reliable means of identification. While the rules make it clear that Aadhaar is not mandatory for various services, requests will be processed much faster with a UID number as it provides definitive proof of identity through biometrics and eliminates duplication and fraud.
Usage of Aadhaar suggests that the initiative has gained momentum because of an individual's preference as it offers benefits either in terms of convenience, time, money , andor transparency .
While many in urban areas may have alternative IDs, a very large number of Aadhaar enrolled persons, mainly poor and rural masses, have no other ID and will be hit hard if Aadhaar is ruled out as a link to welfare.
Aadhaar, considered a valid proof of address and identity across various domains including the government, has emerged as a key tool as UID offers a ubiquitous platform to authenticate anyone, anytime so long as there is internet connectivity .
As on date, around 92 crore people have been issued Aadhaar, which is much higher than 5.7 crore passports, over 17 crore PAN cards, over 60 crore election photo identity cards (EPIC), over 15 crore ration cards and over 17 crore driving licences.
Aadhaar has emerged as a key tool for preventing leaks.One such case is saving of around Rs 19,000 crore in the direct benefit transfer scheme. Over 2.50 crore payments (transactions) have taken place in schemes like MGNREGA, pensions and scholarships while over 70,000 appointments have been booked at leading hospitals in Delhi such as AIIMS by outstation people by using Aadhaar-linked KYC service.
Aadhaar gets a new incarnation under PM Modi
Around the end of June (2014), (Nandan) Nile kani (then chairman, Unique Identification Authority of India (UIDAI)) and his wife Rohini, who runs a social foundation, were vacating their Delhi residence on Safdarjang Lane, packing up to return to their Bengaluru base. They invited (Ram Sevak) Sharma (then CEO, UIDAI) for lunch. Over lunch Sharma told Nilekani about his presentation to the PM and the response to it. Nilekani was happy to hear this and thanked Sharma for the effort. Then Sharma said, `Why don't you go and meet the Prime Minister? Aadhaar is your idea; it has so much potential, why don't you make this last attempt for it?' Nilekani found himself on the horns of a dilemma.On the one hand, he had lost the election on a Congress ticket and there was the history of campaign rhetoric, all the stuff that had been said. On the other, `the thought that Aadhaar could be irretrievably shut down was heart-breaking'.
On 28 June, Nilekani telephoned the PMO and sought time on 1 July . He was given an appointment for noon, 1 July, at South Block, the office of the Prime Minister.
It was a one-on-one meeting. In those thirty minutes, Nilekani outlined the potential of Aadhaar. `I explained the platform, its expansion across many states, the applications that had been developed, the possibilities recommended by task forces and committees.' The PM had a clear understanding of the technology and had questions about migrants and the status of cases in the courts.Nilekani allayed the fears around data security and verification. He pointed to the low cost at which the platform had been developed. He underlined the fact that Aadhaar as a platform `could help resolve many issues, including the targeting of subsidies and curbing corruption. It could lead to huge savings to the exchequer.' Modi met Nilekani on Tuesday . On Thursday , the home ministry was preparing to merge UIDAI and NPR, following a meeting with Rajnath Singh, IT, telecom and law minister Ravi Shankar Prasad and planning minister Rao Inderjeet Singh. On Saturday , 5 July, Prime Minister Modi revived Aadhaar.
This followed a meeting with Jaitley and Rajnath Singh, attended by officials of the UIDAI, home ministry, Planning Commission and the PMO. A committee was formed to look into the issues. Modi asked finance minister Jaitley , the legal luminary in the government, to look into legal issues since there were cases pending in the Supreme Court. He also called for the revival of the National Identification Authority of India Bill that had been trashed by the Yashwant Sinha-led parliamentary standing committee.
Prime Minister Modi, when asked by this author, about the revival of Aadhaar and his earlier criticism of it, says, `The need for a common identity card was felt since the Vajpayee government was in power. A group of ministers even worked on this.However, not much was done during UPA I to carry forward this vision. Eventually Aadhaar was launched only in the second term of the UPA government.' According to the Prime Minister, `When Aadhaar was launched there were multiple issues and inadequacies with it. They simply could not envisage it holistically as an empowering mechanism for the masses.For them, it was just another scheme. I had suggested many ideas but the UPA regime simply didn't want to accept any suggestions from Narendra Modi.' Elaborating on his party's earlier opposition, Modi says, `Our problem was not with the idea of Aadhaar, but with the inadequacies of Aadhaar. We have never opposed anything for the sake of opposition. I do not believe in that kind of politics. The UPA government had a problem of imagination and an even bigger problem of implementation.
I knew Aadhaar had potential. For years they ran Aadhaar, but it still didn't have any parliamentary backing, nor integration with public service delivery.' Explaining how his government took it forward, the Prime Minister adds, `We took a decision to separate the security issues that were raised by home ministry from the issue of Direct Benefit Transfer. We created a committee to look into the legal and technology issues, and we fixed it. We expanded the scope of Aadhaar, amplified the scale and augmented the speed. In a short span of time, the country has already saved about Rs 50,000 crores due to Aadhaar-based systems.' Narendra Modi is not bound by conventional definitions of ideology . His approach is based on political entrepreneurship, and policy is essentially an instrument to consolidate and expand political subscription.Modi invests a lot of faith in the use of technology-for politics and for public policy .For Modi, therefore, Aadhaar was about using technology , a means to empower outcomes.
Benefits
Haryana: ousts fake ration beneficiaries
Dipak Dash, Aadhaar ousts fake ration beneficiaries, June 30, 2017: The Times of India
Stops 30% Pilferage Of Grain In Haryana
The Centre's push to Aadhaar seeding of ration cards and installation of electronic Point of Sale (e-POS) machines at the ration shops has helped Haryana to stop at least 30% pilferage of highly subsidised food grains for the poor.State government officials said this could help save about Rs 500 crore annually.
All the 9,600 ration shops in Haryana have got the e-PoS machine and the Aadhaar coverage is about 105%. It has also become the first state where a beneficiary can pick up the grain from any ration shop across Haryana irrespective of his place of residence.
“Nearly 42 lakh beneficiaries under the food security law out of 1.35 crore did not pick up subsidised grains in the past couple of months due to the transparent process of distribution. We deleted about 16 lakh beneficiaries after detecting that many of the Aadhaar numbers were getting repeated in the beneficiary list,“ said a Haryana government official.
He added that about 4.5-5 lakh beneficiaries of the other 26 lakh, who were not picking up foodgrains, have now seeded their Aadhaar number.
“Now we have also made it a rule that there will be no carry over of the foodgrains for the next month in case a beneficiary does not pick up his allocation in that particular month. This is aimed at putting more pressure on them to submit details of their Aadhaar number at ration shops,“ the official said.
Food minister Ram Vilas Paswan said Aadhaar seeding and installation of ePoS machines at ration shops have yielded results.“In manual system there was no mechanism to find whether the ration shop owner actually distributed foodgrains to all the beneficiaries. Now it's not possible to fudge any figure as the details are captured electronically. We have asked states to fast track installation of ePoS devices at ration shops and to go for 100% Aadhaar seeding,“ he added.
Earlier, about 70 lakh of the 4.2 crore identified beneficiaries in Rajasthan did not lift highly subsided foodgrain over the last couple of months. Rajasthan has also completed Aadhaar seeding of ration cards and majority of the FPS are ePOS-enabled.
Till June end, little over 2.2 lakh of the total 5.27 lakh ration shops had e-PoS machines, which are used to check the identity of ration card owners. About 18 crore ration cards have been seeded with Aadhaar.
Caste records linked with Aadhaar
The Times of India, Jun 22 2016
Aadhaar to be linked with caste records State governments have been asked to link Aadhaar with caste and domicile certificates to be issued to school students, as part of a first-of-its-kind initiative by the Centre. All states have been told to ensure that such certificates are issued within 60 days time to students when they are studying in Class V or VIII.
The development assumes significance as there have been complaints of delay in grant of scholarship to students belonging to Scheduled Caste and Scheduled Tribes.Besides, people have often complained of harassment allegedly by government officials in getting caste and domicile certificates issued.
States may also try to get the information of students fed into the meta data to be made online and may link it to Aadhaar enabled data, if feasible. “Sincere efforts be made to issue these certificates along with Aadhaar number,“ reads Frequently Asked Questions (FAQs) released by personnel ministry on issuance of caste and certificates in schools. The responsibility of collecting the documents from the students will be of the school head.
Direct Benefit Transfer (DBT)
Prevents Rs 27,000cr leakage in 2015-16
The Times of India, May 11 2016
Usage of Aadhaar for Direct Benefit Transfer (DBT) has led to savings across several government welfare schemes, including Rs 27,000 crore in PDS, LPG distribution and MNREGS.
At a review meeting on the progress of DBT, PM Narednra Modi was informed that in 2015-16, Rs 61,000 crore was distributed to over 30 crore beneficiaries using DBT.
The PMO said over 1.6 crore bogus ration cards have been deleted, resulting in savings of about Rs 10,000 crore and 3.5 crore duplicate beneficiaries were weeded out in the PAHAL scheme, resulting in savings of over Rs 14,000 crore. In MGNREGS too, a saving of Rs 3,000 crorehas been estimated in 2015-16.
Linking Aadhaar card with PDS and LPG subsidies
SC permits linking
The Times of India, Aug 12 2015
SC allows linking Aadhaar with PDS & LPG subsidies
But tells govt not to use it for other schemes
The Supreme Court allowed the use of Aadhaar identities for public distribution system beneficiaries and cooking gas users but withheld permission for linking the biometric identification scheme to other social welfare programmes. No one would be denied benefits under social welfare schemes for want of the unique identification number, said a bench of Justices J Chelameswar, S A Bobde and C Nagappan even as it permitted the government to link PDS and LPG subsidies to the Aadhaar card to check possible pilferage.
Though the order can be seen as partial validation of Aadhaar, its status as the principal identity number remains far from settled as the bench said the number could not be made a must for other purposes. The bench further asked the government to make citizens aware of the non-mandatory nature of the unique identification number (UID).
The court was informed by the petitioner that many gov ernment agencies, including RBI and Election Commission, were making Aadhaar cards mandatory identification for banking and voting purposes.
The three-judge bench also referred the petitions challenging the validity of making Aadhaar mandatory to a fivejudge constitution bench. The court also added a critical question whether right to privacy was part of citizen's fundamental right to life.
“The unique identification number or the Aadhaar card will not be used by the respondents for any purpose other than the PDS scheme and, in particular, for the purpose of distribution of foodgrains etc and cooking fuel, such as kerosene. The Aadhaar card may also be used for the purpose of the LPG distribution scheme,“ the bench said. It also directed the government not to share information collected by UIDAI with anybody or any authority except on the direction of the court for the purpose of criminal investigation. It asked the Centre to make people aware through public advertisements that Aadhaar card was not mandatory .
Aadhaar helps cancel 2 crore ration cards, 2013-16
Nov 26 2016 : The Times of India
The Times of India
One important way to check leakages in the public distribution system is through digitised ration cards. Although all states have digitised these cards, which allow access to essentials at subsidised prices, the entire northeast has a poor Aadhaar seeding record, as has Bihar, with just 0.1% of ration cards linked with Aadhaar
See graphic.
Government's views
The Hindu, August 28, 2015
The Supreme Court on Aug.11, 2015 told the government to give wide publicity in media that Aadhar was not mandatory to get benefits which are otherwise due to citizens. However, governments — Centre and States — have tried to press Aadhar on people by making it mandatory to access select services. Here are 10 instances where governments insisted on people having an Aadhar card when you actually didn't:
Jan Dhan Yojana
The scheme to open bank accounts for all, launched immediately after Prime Minister Narendra Modi's maiden Independence Day speech last year, says an Aadhaar card is enough to open an account on the spot. However, the government clarified later that the card is not mandatory.
Passport verification
In Nov. 2014, a month after batting for Aadhaar, the Ministry of External Affairs issued a note saying plans were afoot to make Aadhaar number mandatory for issue of passport. This was later withdrawn but the fact remains that having an Aadhar card eliminates the routine police verification and speeds up the passport issue process.
Provident fund transactions
The government in October 2013 said salaried employees in the organised sector would have to provide their Aadhaar numbers for seeking benefits under the EPF scheme. The mandate was later withdrawn.
Road Transport Authority
Were you asked to produce your Aadhaar card for any transaction in any Road Transport Authority office across Andhra Pradesh? Since July 29, it has been made mandatory in the interest of better service and security.
Ration card & LPG subsidy
In the past two years, all ration-card holders were asked by governments in Karnataka, Andhra Pradesh and Puducherry to produce their Aadhaar numbers to avail PDS benefits. In the same year, Indian Oil Corporation informed consumers that they would not get their LPG subsidy if they did not provide Aadhaar details.
Real estate transactions
In a recent interview, Finance Minister Arun Jaitley said the government was considering making the use of Aadhaar mandatory so it “could provide a trail of all real estate transactions by an individual.” This, according to the FM, would aid in the crackdown on black money.
Mobile numbers
In Oct. 2014, the Central government said it would start linking mobile SIM cards with Aadhaar numbers. It was said this would be an advantage for subscribers as they can get a host of services including financial transactions. It later clarified that it was not a mandatory process.
Matrimonial sites
In Dec. 2014, a report said the Minister for Women and Child Development Maneka Gandhi, in the wake of the Uber taxi rape incident, wanted all matrimonial sites to make it compulsory for users to provide their Aadhaar numbers for profile authentication.
Jail visits in Telangana
Faced with the daunting task of screening criminals posing as visitors to jails, the Telangana Prisons Department (TPD) has found a solution: In the near future, all those visiting prison inmates should carry their Aadhaar cards, it said on Aug.11, 2015.
Property tax
In Dec. 2014, officials of Greater Visakhapatnam Municipal Corporation came under criticism for insisting on Aadhaar numbers for payment of property tax. This practice by corporation officials has also been reported in Chennai.
Judiciary's view
Aadhaar for aid must be voluntary: SC
The Times of India, Oct 16 2015
Dhananjay Mahapatra & Amit Anand Choudhary
It will not be basis to debar anybody: Govt
The Supreme Court permitted citizens to voluntarily use Aadhaar cards to avail benefits under the Mahatma Gandhi National Rural Employment Guarantee Scheme, along with Pradhan Mantri Jan Dhan Yojana and schemes related to pension and PF after the government promised that absence of Aadhaar would not debar people from benefiting from the schemes concerned. The relief came from a bench of Chief Justice H L Dattu and Justices M Y Eqbal, C Nagappan, Arun Mishra and Amitava Roy, which clarified the August 11 interim order of a three-judge bench and allowed linking of Aadhaar on a voluntary basis to these four schemes. The interim order had restricted voluntary use of Aadhaar card to LPG subsidy and getting ration under PDS.
The concession came after attorney general Mukul Rohatgi furnished an undertaking to the court that no citizen would be denied benefits under social welfare schemes for want of Aadhaar card. The court for its part laid down two pre-conditions government would not force citizens to enroll for Aadhaar card, and they would not make it the eligibility criterion for benefits under various schemes.
Petitioners' counsel -senior advocates Shyam Divan, Soli J Sorabjee and Gopal Subramaniam -reluctantly agreed to allow voluntary use of Aadhaar to these four schemes after the five-judge bench remained struck to its point -if the card could be voluntarily used for availing LPG subsidy and ration, why should it be not true for other schemes.
The petitioners had challenged the biometric data-fingerprints and iris image -in the Aadhaar card as gross violation of privacy.
To counter the petitioners, the Centre had cited two SC judgments holding that citizens did not have a fundamental right to privacy .
Finding confusion in the judicial rulings, a three-judge bench had on August 11 referred the petitions to a larger bench for determining whether right to privacy was a fundamental right and whether Aadhaar cards violated it.
But the interim order came in the way of the government extending benefits to the target group without linking it to Aadhaar. This made the Centre rush to the three-judge bench with an application seeking clarification of the August 11 order.
Rohatgi asked, “why should the 92 crore card holders who are ready to use their cards voluntarily to avail benefits under social welfare schemes be restrained by the Supreme Court from exercising the option merely because 20-odd petitioners are opposing it”.
Divan and Subramaniam argued that it was more a question of propriety. “No Constitution or court could allow a government to play with the personal details of citizens to enable it to track their every movement,” they said.
But the bench was firm that if Aadhaar could be used for LPG subsidy and ration purposes, it could also be used for important social welfare schemes.
Aadhaar can't be made compulsory for welfare schemes' benefits: Supreme Court
Mar 27, 2017: The Times of India
HIGHLIGHTS
Earlier this month, the government said individuals can use alternate means of identification to receive benefits
The SC in 2015 permitted the voluntary use of Aadhaar cards for welfare schemes like MGNREGA
DELHI: Having an Aadhaar card cannot be made mandatory+ by the government for giving out benefits from its welfare schemes, the Supreme Court said today, PTI reported. It did add though that the government can't be stopped from making it compulsory to have one for things like opening bank accounts. The top court also said that while a seven-judge bench needs to be set up to hear the pleas challenging Aadhaar+ , but that is not possible at this time. Earlier this month, the government said nobody will be deprived of benefits because they don't have an Aadhaar card. It reiterated that until an Aadhaar number is assigned to an individual, they can use alternate means of identification to receive benefits linked to the card. The Centre also directed departments to provide Aadhaar enrolment facilities to beneficiaries under Regulation 12 of the Aadhaar (Enrolment and Update) Regulations 2016.
The apex court had on October 15, 2015, lifted its earlier restrictions and permitted the voluntary use of Aadhaar cards for welfare schemes like MGNREGA, all pension schemes, the provident fund and flagship programmes like the 'Pradhan Mantri Jan Dhan Yojna' of the NDA government. These were in addition to LPG and PDS schemes, for which the court had allowed the voluntary use of these cards. Critics have alleged that the Unique Identification Authority of India (UIDAI), which runs the Aadhaar scheme, is getting biometric details through private agencies, which violated citizens' fundamental rights.
The UIDAI was established by UPA-2 in 2009.
Govt can make Aadhaar must for opening bank accounts: SC
Dhananjay Mahapatra, Mar 28, 2017, The Times of India
HIGHLIGHTS
Govt can make Aadhaar mandatory for opening bank accounts, getting mobile connections or passports
SC clarified, its earlier interim order asking the govt to make Aadhaar optional only related to obtaining benefits under social welfare schemes
NEW DELHI: The Centre's plan to make Aadhaar a basic identity document got a shot in the arm when the Supreme Court on Monday said it would not be wrong on the part of the government to make the unique ID mandatory for opening bank accounts, getting mobile connections or passports. The court clarified that its earlier interim order asking the government to make Aadhaar optional only related to obtaining benefits under social welfare schemes. Even among such schemes, the court had allowed the Centre to insist on Aadhaar for programmes such as MGNREGA, gas subsidies, PDS rations and Jan Dhan Yojna.
"Minus the benefits under social welfare schemes, we think the government can insist on Aadhaar as identification document. If someone wants to open a bank account or get a mobile phone connection, it can insist on Aadhaar as there is no welfare scheme benefit involved in it. Why cannot the government insist on Aadhaar for filing of income tax returns? For availing benefits under schemes, Aadhaar cannot be insisted, but for other purposes we think it can be," the court said. The remark came from a bench of Chief Justice J S Khehar and Justices D Y Chandrachud and Sanjay K Kaul when senior advocate Shyam Divan, appearing for petitioners who have challenged Aadhaar as intrusion into citizens' right to privacy, questioned the government's decision to make it mandatory despite the SC's interim order that UID should be voluntary.
Divan said a three-judge bench headed by Justice J Chelameswar had on August 1, 2015 categorically stated that Aadhaar would not be made mandatory. A five-judge constitution bench on October 15, 2015 had said the issue was important as it involved interpretation of the right to privacy, which was part of right to life guaranteed under Article 21 of the Constitution.
"The issue has assumed tremendous urgency as the government is violating the interim orders by making Aadhaar mandatory even when the substantive challenge to its constitutional validity is pending," Divan said.
SC upholds law making linking Aadhaar with PAN
Those Without Aadhaar Can File Returns in 2017
In a major victory for the Modi government, which is set on making Aadhaar compulsory for several sorts of transactions, the Supreme Court upheld on Friday the law making the UID number a must for filing income tax returns and its linkage to PAN card. In what could cheer up the government, which has had anxious times in defending the validity of Section 139AA of the Income Tax Act introduced through the Finance Act, 2017, a bench of Justices A K Sikri and Ashok Bhushan, in a 155page judgment, ruled: “We hold that Parliament was fully competent to enact Section 139AA of the I-T Act and its authority to make this law was not diluted by the orders of this court.“
However, it clarified that “those assessees who are not Aadhaar card holders and do not comply with the provision of Section 139(2), their PAN cards be not treated as invalid for the time being“. This means that those who have a PAN but have not yet got Aadhaar can still file their income tax returns this year. The SC ordered that Section 139AA would be applied prospectively and said the government needed to take urgent measures to assuage citizens' apprehensions about the leakage of data concerning Aadhaar and PAN linkage. Justice Sikri, who wrote the judgment for the bench, said, “A person who is holder of PAN and if his PAN is invalidated (for want of Aadhaar linkage as he did not have Aadhaar number), he is bound to suffer immensely in his day-today dealings, which situation should be avoided till the Constitution bench of the SC authoritatively determined the validity of Aadhaar.“
In addition, the court also said: “If failure to intimate the Aadhaar number renders PAN void ab initio with the deeming provision that the PAN allotted would be invalid as if the person had not applied for allotment of PAN, it would have rippling effect of unsettling settled rights of parties. It has the effect of undoing all the acts done by a person on the basis of such a PAN.“ “It may have even the effect of incurring other penal consequences under the Act for earlier period on the ground that there was no PAN registration by a particular assessee. Hence, the law would apply prospectively ,“ it said.
Petitioner Binoy Viswam had questioned the enactment of Section 139AA at a time when the validity of Aadhaar itself was pending consideration before a Constitution bench of the SC.The petitioner had said that when the SC had in its interim order made enrolment in Aadhaar a voluntary exercise, how could the government make it mandatory for filing of income tax returns and for getting PAN card?
The bench said though it was upholding the validity of mandatory linking of Aadhaar with I-T returns and PAN card, it has not expressed any opinion on the validity of Aadhaar. “Constitutional validity of Section 139AA is upheld subject to the outcome of batch of petitions referred to the Constitution bench where the said issue is to be examined on the touchstone of Right to Life under Article 21 of the Constitution, which encompasses Right to Privacy ,“ Justices Sikri and Bhushan said.
Except this caveat, it was a clear thumbs-up from SC for Section 139AA, which had drawn flak from the opposition parties and social media.The SC said: “Section 139AA of the I-T Act is not discriminatory nor it offends equality clause enshrined in Article 14 of the Constitution.“
“Section 139AA is also not violative of (right to profession and business under) Article 19(1)(g) of the Constitution insofar as it mandates giving Aadhaar enrolment number for applying PAN cards in the income tax returns or notifying Aadhaar enrolment number to the designated authorities,“ it said. Post offices to update UID details
The government has decided to hand over the updation of Aadhaar details such as change in address or updating mobile number and correcting errors to post offices across the country.Post offices are likely to be entrusted the task of Aadhaar enrolment in future.
According to initial estimates, the decision will help in postal department getting a business of around Rs 1,000 crore every year.
As the government has decided to use Aadhaar in most of the welfare schemes as well as linking the unique number with PAN, the Aadhaar initiative is facing flak for `silly' mistakes of private enrolment agencies at the crucial juncture. Some private enrolment centres collecting biometric information are reportedly charging people as high as Rs 200 for enrolment which must be free of cost. Others are also taking Rs 100 or more for updating Aadhaar details, much more than the stipulated Rs 25.
SC acknowledgese state interest linking Aadhaarwith welfare schemes
2-Judge Bench: Govt Has No Suspect Motives
At a time when a constitution bench of the Supreme Court is hearing the privacy plea in the Aadhaar case, a two-judge bench of the apex court in a recent order acknowledged “legitimate state interest“ in the government's decision to make Aadhaar mandatory for welfare benefits and PAN cards.
The two-judge bench held that the state was not indulging in overreach or was motivated by suspect motives in lin king Aadhaar to various transactions. The SC in its order upheld Parliament's power to legislate the relevant laws.
“Parliament was fully competent to enact Section 139AA of the Income Tax Act (introduced through the Finance Act, 2017),“ the court said. The court addressed the criticism that the law was pushed through even when the SC was to dispose of the challenge to Aadhaar and also that the UID law was designated as a money bill. The crucial aspect on which the constitution bench is expected to pronounce upon is whether the use of Aadhaar poses a “reasonable restraint“ on the right to privacy or whether it is the draconian and intrusive instrument of state as its critics allege.
The two-judge bench of A K Sikri and Ashok Bhushan did not see a sinister intent behind the law passed by Parliament though it clarified that it was not touching upon the privacy issue.
In its 155-page order, the judges said it was the duty of a welfare state to come out with schemes to take care of needs of the deprived classes and ensure adequate opportunities are provided to them.
Talking of corruption and leakages in welfare schemes, the bench said, “It can't be doubted that with UID-Aadhaar, much of the malaise in this field can be taken care of.“ The court said Aadhaar could take care of duplicate beneficiaries reaping fruits meant for the genuinely deprived classes.
The apex court further noted that use of Aadhaar would help enforcement agencies tackle terrorism, crime and money laundering along with curbing corruption and black money .
“The Aadhaar or UID, which has come to be known as most advanced and sophisticated infrastructure, may facilitate law enforcement agencies to take care of problem of terrorism to some extent and may also be helpful in checking the crime and also help investigating agencies in cracking the crimes,“ the SC said. Noting that in many cases, PAN holders had claimed that a particular transaction did not relate to them, the SC said there was a need to strengthen PAN by linking it with Aadhaar and biometric information.
Observing that multiple cards in fictitious names were obtained with the motive of indulging in money laundering, tax evasion, creation and channelising of black money , the court said, “Parliament in its wisdom thought that one PAN to one person can be ensured by adopting Aadhaar for allotment of PAN to individuals.“
An official said the order has given some relief to those who use PAN as an ID for purposes other than filing income tax returns and this is a very small subset which is not a tax assessee and does not have Aadhaar.
Party politics and the Aadhar Bill
The Times of India, March 17, 2016
Polls change priorities, most oppn parties skip Aadhaar vote in RS
Just 140 MPs voted on the Congress amendments to the Aadhaar Bill in the absence of regional play ers like Trinamool Congress, SP, BJD, BSP, JD(U) and NCP, making it a largely NDA versus Congress-Left affair. Though most opposition parties have expressed disagreement with some aspects of the Bill, many did not turn their reservations into a vote against the proposed legislation.
Interestingly , when the Bill was taken up by Lok Sabha shortly after the Rajya Sabha vote, TMC and BJD “appealed“ to the government to accept the “wisdom“ of the elders and go along with the amendments while Congress absented itself in the Lower House.
While the government lost the RS vote, the absences were seen to reflect complex political equations as TMC was unwilling to be on the same side as the CongressLeft alliance with the first phase of the Bengal elections a little over a fortnight away .
For the second time in a week, AIADMK voted with NDA in RS, having previously refused to side with the Congressbacked move to amend the President's address to Parliament. The voting is again seen as a tactical response to the Congress-DMK alliance and intended to underline the main opposition party's isolation.
Sources said BJP mana gers had sought to persuade regional parties not to go along with Congress and largely succeeded in getting their way as could be seen by vacant spaces in the Upper House when division was called.
TMC members said the party was unhappy with Bill making UID mandatory for ac cess to government benefits but political factors clearly inhibited them from supporting the Congress-Left combine.The absence of parties like JD (U) and NCP would be a matter of concern for Congress as they are allies even though the UPA tent has shrunk.
Secrecy of data
210 govt sites made Aadhaar data public
210 govt sites made Aadhaar data public, November 20, 2017: The Times of India
Around 210 websites of central and state government departments, including that of educational institutes, publicly displayed details such as names, addresses and Aadhaar numbers of some beneficiaries, the Unique Identification Authority of India has said.
The organisation, which issues Aadhaar, said in response to an RTI query that it took note of the breach and got the data removed from those websites. However, it did not specify when the breach took place, adding that it had never made the details public.
“UIDAI has a well-designed, multi-layer robust security system in place and it is being constantly upgraded to maintain the highest level of data security and integrity,’ the RTI reply said.
