New Delhi: The Supreme Court today declared the Centre’s Aadhaar scheme as Constitutionally valid. The apex court’s five-judge Constitution bench said Aadhaar means unique and it is better to be unique than being best. The top court also said that Aadhaar has become a very important matter of identity of every individual in the country and also directed the government to “introduce strong data protection law as soon as possible.” The judges, however, have put in place a series of conditions with regards to the need of Aadhaar Card for certain services.

The SC said the Aadhaar Act, 2016, was constitutionally valid, but a person’s rights could not be denied on the ground of lack of the unique ID. While Aadhaar will not be mandatory for opening bank accounts, getting mobile sim or getting admission in schools and colleges, in private companies and benefiting from subsidies, it will be a must to file an income tax returns. As per the new directed by the apex court, Aadhaar will also be mandatory for obtaining a Permanent Account Number (PAN).

The Supreme Court in its detailed verdict earlier today also mentioned that individuals and corporates cannot collect Aadhaar data. The section 33(2) of the Aadhaar Act, an exception to the primacy of security of data in case of national security, has also been revoked by the Supreme Court.

Aadhaar not needed:

1. Children cannot be denied any benefit due to not having Aadhaar. Hence, Aadhaar is not needed for school admissions or any other government scheme which benefits children.

2. Compulsory linking of mobile phone numbers to Aadhaar

3. Aadhaar is not needed for opening a bank account and banking services

4. CBSE, NEET, UGC cannot make Aadhaar mandatory to appear in entrance examinations

5. No private entity can avail Aadhaar data which includes telecom companies and mobile wallets

Aadhaar is mandatory:

1. Linking of PAN with Aadhaar

2. Mandatory for filing of IT returns and allotment of Permanent Account Number

3. For availing government scheme benefits