On 26th September, the constitutional validity of the Aadhaar Act was upheld by the Supreme Court of India. The Aadhaar Act declared Constitutional to the implication that it allows for Aadhaar number based authentication. Aadhaar will help in establishing the identity of every single individual. Aadhaar Act helps to keep a chain between government and citizens by providing benefits from different government schemes. In this article we will read about the places where Aadhaar card is needed to be linked and Supreme Courts’ latest judgement.
Places Where Aadhaar Card Is Needed To Be Linked
1. PAN Cards
On March 16, the tax department tweeted and made a deadline till 31st March 2020 to link PAN with Aadhaar number, or their PAN will become inoperative. Indicating you will not be able to use your PAN to perform financial transactions like bank accounts, investing in FD, filing income tax returns, etc.
2. Aadhaar To Link With Voter ID
The Election Commission of India is planning to make the 12 digit Aadhaar number compulsory to link it with the Electoral photo ID card (EPIC). Aadhaar is the best way to get a permanent solution for corruption and fraud in electoral rolls.
3. LPG Connection Link With Aadhaar
LPD subsidy is a government-based program, and for that, one has to show his identity proof to enjoy the benefits provided by government schemes. Aadhaar Act enacted by the government is unique in its own way all over the world. To avail of the gas subsidy, Aadhaar is needed to be linked with a bank account.
4. Aadhaar Needed For Ration Card
The government has drawn the deadline by 31st December to link Aadhaar with ration cards. It attempts to ensure that the government schemes are provided and enjoyed by every sector of the country. In India “One Nation One Ration Card” scheme has started on 1st June 2020.
5. Aadhaar Linking And Income Tax
Section 139 A (a) made it a must for income tax officers to code their Aadhaar number and link it to their PAN cards. According to a new law put out by the Central Board of Direct Taxes, these rules came into effect from April 1, which are now extended for another six months till September 30, 2020.
6. Mobile Number
As per the government, it is mandatory to link Aadhaar with your mobile number else. Your number will stop. The department requests the Re-verification of old mobile connections of telecommunications to providers. It is also compulsory for all new subscribers to furnish Aadhaar when buying a SIM card.
7. Issuance Of Driving License
This step is being taken to stop the issuance of duplicate driving licenses under the same person’s name. This measure will put a stop to the over-issuance of licenses. The RIOS is also equipped with information. These details will come in handy for the issuance of driving licenses. This defeats the purpose of strict penalties, such as confiscation of the license.
8. Welfare Schemes
The majority of welfare schemes and subsidy schemes will need Aadhaar. Denial of benefits arising out of any social security rights is a violation of human dignity. It is impermissible under the constitutional scheme. The majority verdict has dismissed exclusion concerns arising from Aadhaar. Mentioning it as something that “one cannot throw out the baby along with the bathwater.”
9. Child Welfare
For the registration of children under the Aadhaar Act, it would be important to agree with their parents/guardians. On attaining the age of Adulthood, these children, with the consent of their parents, will have the right to exit from Aadhaar if they choose so.
How Is Aadhaar Needed To Link With Bank Accounts?
i. The attorney general’s opinion is that the banks will need the authentication of the beneficiaries. Especially those who are availing subsidies/benefits/services covered by Section 7 of the Aadhaar Act. To transfer any subsidy or benefit to the beneficiary’s bank account will also be a part of this.
ii. There is also no bar on the Banks to perform Aadhaar based authentication. Using an e-KYC authentication facility for opening bank accounts of their clients. This facility is for those who give a declaration that he/she is desirous of receiving his /her entitled benefits or subsidies of welfare schemes funded from India’s consolidated fund in his/her account. The bank may, thus, use Aadhaar e-KYC for such clients.
iii. For the convenience of such non-DBT beneficiary client’s and to avoid the paper-based manual process, banks are also at liberty and encouraged to develop an electronic web/E Aadhaar/Masked Aadhaar offline electronic Aadhaar XML/ which contain UIDAI’s signed KYC information in electronic form, it offered for opening bank accounts.
Is Aadhaar Unconstitutional?
No, Aadhaar Card is not unconstitutional, according to the Supreme Court. It held this scheme as valid and listed out some services where Aadhaar is not required. Aadhaar has no relation with any kind of violation of the right to privacy. Aadhaar consists of a fundamental difference that is different from other identity proofs. Aadhaar is more secure because of its unique identity, and like justice, Sikri said –“It’s better to be unique than to be the best.”
Is Right To Privacy Violated By Aadhaar?
The Supreme Court denied that the Aadhaar scheme violates citizens ‘Right to Privacy’. It stated that minimal data collection took place during the enrolment process. The Supreme court also highlighted that the Aadhaar act ensures poor persons’ opportunity to live their lives and exercise liberty. It will need to balance the security needs of the state with the citizen’s right to privacy.
Frequently Asked Questions
1. Is Aadhaar card proof of citizenship?
The top government clarified the air around citizenship; Aadhaar card is not a citizenship document; it is a document to show India’s residency.
2. Is Aadhaar Mandatory?
By the Supreme Court guidelines, it is required to link Aadhaar with PAN but has refused to make it compulsory for those who don’t have Aadhaar card or who have not applied for one yet.
3. Are NRI And ORI Instructed To Have Aadhaar?
No, Aadhaar is not mandatory for NRI/ORI; if they have an Aadhaar card, they can link it with their bank account and give details.
4. What are the consequences Of Not Having An Aadhaar Card?
If you don’t have an Aadhaar identification card, you will not enjoy government schemes and benefits, and your PAN will also not be operated.
5. Can Aadhaar Card Be Deactivated?
UIDAI can deactivate the Aadhaar card if any fraud is found. If a person uses more than one Aadhaar with the same data, it can also be reactivated if the personal data is corrected by updating relevant information.
6. Can Anyone Approach For Aadhaar Card Twice?
A person already having an Aadhaar should never try to enroll twice else. They will be caught very easily by UIDAI.
7. Can Anybody Misuse My Aadhaar Card?
If somebody gets your Aadhaar card or Aadhaar number, still they can’t misuse your bank accounts or any other account.
8. Can Aadhaar Number Be Shared With Anyone?
Yes, you can share your 12- digit Aadhaar number with anyone, anything without any fear of fraud.
9. What are the documents required for Aadhaar Card?
ii. PAN card
iii. Voter identification card
iv. Driving license
v. Pension card
vi. Birth certification
vii. Income tax assessment order
viii. Bank statement/passbook
ix. Ration /PDS photo card, etc
10. Is Aadhaar Card Considered As Proof Of Address?
Aadhaar card can be accepted as proof of address as it is a certified document by the government.
11. What Is The Minimum Age For An Aadhaar card?
There is no age for Indian citizens to make their Aadhaar card; a new-born child can also have his/her identity proof by Baal Aadhaar Card.
12. What Happens To Aadhaar After Death?
If a person is dead, his Aadhaar will not be canceled; there will be no change in that person’s personal data.
The Five benches judge ruled that the Aadhaar program served the “larger public interest in ensuring that the poor have access beneath its. It also stated that denial of benefits arising out of any social security rights violation of human dignity and imperials under the constitutional scheme. Aadhaar is too big to fail. Aadhaar gives power and position to different sections of society and gives them an identity. Aadhaar fulfills the principle of proportionality -said justice Sikri. So, it is now in the government’s hands to focus on the implementation of this ruling.