OVERVIEW
India is a country known for ‘Unity in Diversity’. Likewise, in a country with a population of over 120 Crore, every person holds a unique identity. Hence, to provide every citizen of India with a unique identity, Government of India came with the scheme of issuing AADHAAR number. Therefore, It issues these numbers in the physical form or we can say in the form an AADHAAR card.
The Unique Identification Authority of India also known as UIDAI issues the AADHAAR card or AADHAAR number to every individual. Therefore, It is a statutory body under Section 11 of the AADHAAR Act, 2016 which came into force on 12.09.2016. They issue the AADHAAR number based on the demographics (date of birth, address) and biometric (iris scan, fingerprints) information.
It submits the information based on demographics and biometrics to the UIDAI during the process of the enrollment.
As stated, AADHAAR works more of a Universal Identity to every citizen of India.
Earlier, when this Act was enacted, it made linking of AADHAAR compulsory with various accounts. Some of them are:
1. LPG Connections
2. Vehicle Registration
3. Salaries
4. Provident Fund
5. Opening Bank Accounts
6. For Verification of new and existing Mobile Numbers
After the enforcement of the AADHAAR Act, 2016, several issues came up. Linking AADHHAR everywhere which holds the personal information of a person is the violation of Article 21 of the Indian Constitution. The main purpose of bringing such an act into force was to provide every citizen with a universal unique identity. The major question is how can Government ensure the privacy of an individual if they use everywhere the personal 12- digit identification number?
AADHAAR has been in controversy since a very long time. Therefore, The government has been passing deadlines making AADHAAR mandatory for opening the bank accounts, admission of children in school and even where a person need to avail the benefits of a Government oriented scheme.
Article 21of the Indian Constitution deals with the Right to Privacy. The right to privacy is not such a right that needs an introduction or any provision to avail it. Rather, it is such a right that an individual’s own by birth. It is an accepted fact that the right to privacy is an existing right and like other basic rights, it can deprive him of exercising his right to privacy.
Right to privacy also includes whether a person wants to share his personal information or not. With AADHAAR, UIDAI made it mandatory for every individual to link his AADHAAR with the various accounts which somehow lead to the violation of Article 21 of the Indian Constitution.
Present Status of AADHAAR
hence, After the enforcement and several judgments passed by the Honorable Supreme Court with AADHAAR, there have been major changes in the rules. Hence, The much-awaited judgment passed by the Supreme Court on 26 September 2018 cleared the status of AADHAAR and declared where it needs to be used and where it is not mandatory.
The list is:
MANDATORY
• For filing income tax returns
• For the allotment of PAN ( Permanent Account Number)
• It is mandatory for availing the facilities of Government subsidies and various welfare schemes.
• Children are an exception to this clause. It can deny no child of the benefits of any Government scheme if he/she does not have the AADHAAR card.
NOT MANDATORY
• For buying a new SIM card.
• To link AADHAAR to bank accounts.
• However, it is not required for the students appearing for the exams of CBSE, NEET, UGC, and the admission of children in Schools.
CONCLUSION:
As discussed, first, they can easily figure the purpose of bringing such an act as well providing out. The aim of providing every citizen with a 12- digit unique number was to make the life of people simple. Secondly, It aimed to lessen down the hassle of proving an individual’s appropriate identity valid throughout the country.
However, It is not right to say AADHAAR -replaced the value and importance of other existing documents or other existing identity proofs. fourthly, In Furtherance Supreme Court has cleared that with the new measures be used in the enrollment process and the authentication process, there will be no possibility of getting a duplicate AADHAAR Card.
Also, some state in the Judgment that AADHAAR Act does not violate the right to privacy of the individual. however, It will follow proper measures to maintain and secure the unique identity of every individual in every manner.