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2018 Supreme(SC) 947

DIPAK MISRA, A. M. KHANWILKAR, ASHOK BHUSHAN, A. K. SIKRI, D. Y. CHANDRACHUD
Justice K. S. Puttaswamy (Retd. ) – Appellant
Versus
Union of India – Respondent


Judgement Key Points
  1. The Aadhaar Act is constitutionally valid and does not create a surveillance state, as the architecture ensures minimal data collection, strong encryption, and safeguards against profiling or misuse. (!) (!) (!)

  2. Right to privacy under Articles 14, 19, and 21 is not violated by the Aadhaar scheme; it passes the proportionality test with legitimate state aim of targeted welfare delivery, rational connection, necessity, and fair balance. (!) (!) (!)

  3. Section 7 is valid, restricting mandatory Aadhaar to subsidies, benefits, and services funded from the Consolidated Fund of India, aimed at preventing leakages without disproportionate exclusion. (!) (!) (!)

  4. For children, parental/guardian consent is required for enrolment; they can opt out upon majority; school admissions and Sarva Shiksha Abhiyan benefits (ages 6-14) cannot mandate Aadhaar, as it violates Article 21A. (!) (!)

  5. Regulation 27(1) struck down beyond 6 months retention; Regulation 26 requires amendment to limit metadata; authentication records cannot exceed 6 months unless court-ordered. (!) (!)

  6. Section 33(1) read down to include hearing for affected individual; Section 33(2) struck down, with liberty to re-enact involving higher officer and judicial oversight for national security disclosures. (!) (!)

  7. Section 57 partly unconstitutional: portion allowing body corporate/individuals authentication via contract struck down; use limited to law-backed purposes under Sections 7/8 and Chapter VI. (!) (!)

  8. Aadhaar Act validly enacted as Money Bill under Article 110, with Section 7 as core provision; others incidental; Speaker's certification subject to judicial review for constitutional violation. (!) (!)

  9. Section 139AA (Income Tax Act) constitutional, satisfying privacy proportionality; aids de-duplication, tax evasion prevention without arbitrariness. (!) (!)

  10. PMLA Rule 9 amendments and DoT mobile linking circular unconstitutional: disproportionate, lacking proportionality, violating privacy; bank/mobile Aadhaar linking struck down. (!) (!) (!)


JUDGMENT :

A.K. Sikri, J.

(For Chief Justice, himself and A.M. Khanwilkar, J.)

Introduction and Preliminaries:

It is better to be unique than the best. Because, being the best makes you the number one, but being unique makes you the only one.

2. ‘Unique makes you the only one’ is the central message of Aadhaar, which is on the altar facing constitutional challenge in these petitions. ‘Aadhaar’ which means, in English, ‘foundation’ or ‘base’, has become the most talked about expression in recent years, not only in India but in many other countries and international bodies. A word from Hindi dictionary has assumed secondary significance. Today, mention of the word ‘Aadhaar’ would not lead a listener to the dictionary meaning of this word. Instead, every person on the very mentioning of this word ‘Aadhaar’ would associate it with the card that is issued to a person from where he/she can be identified. It is described as an ‘Unique Identity’ and the authority which enrols a person and at whose behest the Aadhaar Card is issued is known as Unique Identification Authority of India 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