Supreme Court upholds Aadhaar validity, but with riders: What the judges said

In a landmark verdict, the Supreme Court of India on Wednesday ruled in favour of the validity of the Aadhaar card while imposing some riders. The court struck down several key sections of the Act that made the biometric identity mandatory for holding bank accounts and mobile sim cards. A five-judge bench led by CJI Dipak Misra pronounced its verdict 4-1, with justice JY Chandrachud strongly opposing Aadhaar’s validity. The judges came up with strong observations in their verdict.

Here are some significant remarks made by them while pronouncing the verdict.

Justice AK Sikri, CJI Dipak Misra and Justice AM Khanwilkar’s verdict:

Justice AK Sikri’s verdict on behalf of himself, CJI Dipak Misra and Justice AM Khanwilkar:

– “It is better to be unique than to be best”, Justice Sikri said. He made the remarks while eventually holding that Sections 7 of the Aadhaar Act are not violative of the fundamental right to privacy. While Section 7 deals with social services, subsidy, benefits, etc.

– “Lot of people who will benefit due to inclusion cannot be denied due to exclusion of few; Can’t throw baby out with bathwater.” The observation came in reference to the benefits that the court saw in Aadhaar.

– ‘Aadhaar removes duplication’: The purpose of the Aadhaar Act is legitimate but it is satisfied only if Aadhaar collects minimal data, Justice Sikri observed. He added that adequate measures must taken to protect data. Aadhaar eliminates any chance of duplication, he said.

– Not mandatory for school admissions: Sikri said that Aadhaar is not mandatory for school admission. He added that CBSE, UGC and NEET cannot make Aadhaar mandatory.

Justice Chandrachud’s verdict: Though the majority view holds in terms of the final judgement, Justice Chandrachud, who authored the verdict that held the Right To Privacy was a fundamental right for every citizen, dissented and disagreed with the opinion of the fellow judges on the matter and struck down the Act:

– “Constitutional guarantees cannot be left to risks posed by technological advancements.”

– “Passing of bill as money bill when it does not qualify as a money bill is a fraud on Constitution, violates the basic structure.”

– “Arbitrary and unconstitutional: Section 7, which mandates Aadhaar for availing benefits of services, is arbitrary and unconstitutional,” Chandrachud J held.