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Contrary to the Supreme Court’s judgment, some entities are still asking for Aadhaar

A nine judge bench of the Supreme Court delivered its verdict on Aadhaar on September 26, 2018 wherein the majority view, comprised of – Dipak Misra CJI., AK Sikri J., AM Khanwilkar, J. and Ashok Bhushan J. (though Bhushan J. dissented with the majority on certain points) upheld the constitutionality of the Aadhaar Act, 2016 barring a few provisions on disclosure of personal information, cognizance of offences and use of the Aadhaar ecosystem by private corporations. DY Chandrachud J. delivered a dissenting opinion declaring the entire Aadhaar scheme along with the Act to be unconstitutional.

“Benefits” and “services” as mentioned in Section 7 of the Aadhaar Act, the expenditure for which is derived from the Consolidated fund of India will require mandatory furnishing of Aadhaar, the judgment noted.

The Supreme Court also upheld Section 139AA of the Income Tax Act, under which every citizen who is eligible to obtain Aadhaar must quote either their Aadhaar Number or the Enrolment ID while filing Income Tax Returns or applying for PAN. However, we have come across instances wherein Aadhaar is being asked for, for the purpose of availing banking services and for recording attendance in colleges.

Apart from the above mentioned, Aadhaar is NOT mandatory for availing any other services like banking and telecom. Please refer to our FAQs for further information on this.

We have curated a list that contains instances of violations of the Supreme Court’s judgment, the data for which has been gathered from secondary sources mainly.

A lot of times, violations of the judgment are not reported by the media, and therefore we are creating a citizen reporting mechanism. Write to us at mail@sflc.in or send us a DM on our twitter handle (@SFLCin) if you come across any violation of the Supreme Court judgment and we shall help you by drafting contempt letters that can be sent to the violating entity.