[The issue now would be, those who had to, under the orders, now struck down, link their Aadhaar numbers with their respective bank account(s) and mobile sim card(s), how they can delink? A big question mark.
An overwhelming majority of the people will have to have the Aadhaar number, as it is required for PAN card, filing of ITR - covering the better offs, and also in order to avail of social benefit schemes - covering the poor. Young people - not earning, well-to-do farmers and such others won't requre. But the required/mandated use of the number has considerably narrowed. More safeguards in place. One'd have to watch out how all these actually work out on the ground level. Today, for many services, the number is demanded without any "official" backing. ***The scheme as it stood, before the verdict, posed four main threats: 1. Unauthorised access to (personal) data - biometric and otherwise, stored by private entities and malafide use, including identity theft. 2. Authorised access to data stored by private entities and malafide use. 3. Access to stored data by the state itself and consequent threat of the surveillance state. 4. Causing sudden "civil death" by the state, by switching off the number. An additional one, falling in a different category: 5. Denial of due social benefits on account of failure of biometric authentification, triggering quite a few tragic outcomes. As a consequence of this verdict - definitely not "good", but, arguably, not outright "ugly" either - the threat no. 4, essentially, vanishes. The verdict, on the face of it, opts to ignore outright the threat no. 5. That speaks a lot. The first three, as it looks, still remain. But stand considerably diluted. Even then, could prove to be serious, disastrous in certain cases. (The threat no. 2 is, perhaps, very much curtailed or eliminated?) Would have to wait for more informed views.*** A good and useful summary? <<A Constitution Bench of the Supreme Court today upheld the validity of the Aadhaar Act and scheme, while striking down some provisions and reading down others. The judgment was pronounced by a Bench of Chief Justice Dipak Misra and Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan. The majority judgment delivered by Justice AK Sikri (for himself, Chief Justice Dipak Misra and Justice AM Khanwilkar) revealed what aspects of the Aadhaar scheme the Court has kept and which ones have been modified or done away with. Here is list of where things stand: – For obtaining bank accounts – Not Required – For mobile numbers – Not Required – School admissions – Not Required – Examinations [NEET, CBSE etc] – Not Required – Aadhaar-PAN linkage – Required – Section 33(2) [disclosure of Aadhaar information to an officer not below the rank of Joint Secretary to the Government of India] – Struck Down – Section 33(1) [disclosure of information on the basis of a court order] – Read Down. The Court has held that the individual should be given opportunity of hearing – Section 57 [use of Aadhaar number for establishing the identity of an individual for any purpose, whether by the State or any body corporate or person] – Struck Down – Section 47 [no court shall take cognizance of an offence under the Act except on a complaint made by UIDAI] – Modified. Should include a provision for an individual to file a complaint While the majority judgment upheld the passing of the Aadhaar Bill as a Money Bill, Justice DY Chandrachud dissented on this aspect. “Passing of bill as money bill when it does not qualify as a money bill is a fraud on Constitution, it violates the Basic Structure”, he held.>>] https://barandbench.com/aadhaar-verdict-what-supreme-court-upheld-struck-down/ Aadhaar Verdict so far: What the Supreme Court has upheld and struck down Aditya AK September 26 2018 Snipped ***For the complete text of the verdict, 1,448 pages comprising three verdicts: < https://www.livelaw.in/breaking-sections-33247-national-security-exception-gone-private-entities-cannot-demand-aadhaar-data/ >***. -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send an email to [email protected]. Visit this group at https://groups.google.com/group/greenyouth. For more options, visit https://groups.google.com/d/optout.
