Aadhaar compulsory: Judgement that left more questions
Supreme Court of India put a discussion to interim rest that was raging since the last nine years. This was regarding constitutional validity to the 12-digited biometric identity-based Aadhaar.
The judgment says Aadhaar is not mandatory for everything that the Aadhaar is being ‘insisted’ upon. Hence the supporters and detractors of Aadhaar, both have found a reason to rejoice. While some say this is an insult to the central government, the others say this is the victory of Modi Sarkar.
All the judges in the five-member committee have opined Aadhaar does not violate the fundamental right of privacy, but needs additional changes to make it constitutionally valid. But one of the judges, justice D.Y. Chandrachud has expressed a totally different view, terming Aadhaar totally unconstitutional.
Soon as this judgment was out, people have begun to wonder if one can live in India without getting an Aadhaar for themselves. The majority may never support their claim, but one cannot dismiss the concern of a judge of the Supreme Court. This also means Aadhaar is in such a quagmire that even a Supreme Court judge has expressed his concern about this.
The court says Aadhaar can be turned constitutionally valid with a few ‘mandatory’ conditions that have been laid down. The court has also dismissed a few ‘compulsory’ submissions in the context of Aadhaar, where it was demanded for things that were not necessary. On that basis, people are interpreting that people are free from the Aadhaar issues.
As per justice A.K Sikri, the services that have been omitted from submitting or linking Aadhaar to them, said privacy would be compromised if Aadhaar is linked to bank accounts since this violates the money laundering bill. Hence he says, this is not needed and the government should not insist on this, and nor is the linking necessary.
Linking Aadhaar to SIM card is another unnecessary aspect. If someone misused his/her sim card, it does not make every person a possible culprit. Hence, linking sim to Aadhaar is unconstitutional and unnecessary as per the bench.
Educational services or exams such as CBSE, NEET, UGC and other agencies are kept out of section 7, inter alia hence they cannot make Aadhaar mandatory for their exams and courses.
Section 7 allows the provision of obtaining Aadhaar to avail government subsidy in education. Also, according to SC, Aadhaar is not compulsory to claim the benefits of Sarva Shiksha Abhiyan. But when children become the beneficiaries of government provided welfare schemes, and apply for registration of such services and subsidies, Aadhaar number is compulsory, with the permission of parents and guardians.
Also, children have the choice of disallowing use of their Aadhaar number registration once they become adults and choose not to use the benefits, even if their parents had consented to it during their early days.
Along with this, the obtaining of Aadhaar number by corporate companies has been disallowed since the section 57 has turned unconstitutional. To make Aadhaar a legal aspect, proper law framework is needed which would pass through all filters of privacy protection.
Hence, as of now, Aadhaar need not be submitted to corporate companies. This is the most prominent aspect of the judgment. But the citizens of the country cannot assume Aadhaar is totally unnecessary now. The ones who did not get their Aadhaar, cannot hope to stay that way forever now.
Aadhaar has been made mandatory for some of the services now. The SC said mentioning Aadhaar number to avail welfare benefits and subsidies is mandatory and this does not violate the fundamental right of privacy of an individual. The five member bench has said Pan and Aadhaar have to be linked and this would be needed to file IT returns.
In a nutshell, the court makes it compulsory to get an Aadhaar number if one has to live in India, legally. Some of the incidents Aadhaar being misused in terms of denying of ration, food supplies and basic subsidies provided by the government were reported in the media.
Ration card and Aadhaar card were tied into compulsion and as a result some people had died without food in the past.
Aadhaar as it stands now, is still mandatory to avail subsidies and benefits. While it is not necessary to submit Aadhaar number to the bank, it is made mandatory to link Aadhaar with Pan card.
Since both are interconnected, does it not mean one needs to have Aadhaar number while opening a bank account or operating it since PAN card is much needed for all financial transactions? Hence, even an individual who does not come under taxable income bracket will have to have Aadhaar for sure. Hence, the gist of the judgment is Aadhaar, indeed is, compulsory to live in the country as a law-abiding citizen.
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World saw valour, courage of Indian armed forces through Operation Sindoor: President
New Delhi (PTI): President Droupadi Murmu on Wednesday said the world saw the valour of Indian armed forces through Operation Sindoor when they destroyed terror camps on the strength of their own resources and asserted that any terror act will be responded with decisive action.
"India has proved that power can be used with responsibility and wisdom. The world has seen the valour and courage of Indian armed forces through Operation Sindoor," Murmu said in her address to both Houses of Parliament, marking the beginning of the Budget Session.
"Our nation, on the strength of our own resources, destroyed terror camps. My government sent a message that any act of terror will be responded to with resolute and decisive action," the President said, amid thumping of desks by Prime Minister Narendra Modi and other parliamentarians.
Murmu said the suspension of the Indus Water Treaty was part of India's fight against terror.
"We are also working on Mission Sudarshan Chakra to further strengthen national security," the President said, adding that security forces have also taken decisive action against Maoist terror.
Following Operation Sindoor, she said, the trust on Indian defence platforms has increased.
Murmu further said her government was committed to social justice in the country.
In the third term of the government, she said, work is being done to further empower the poor, and social security benefits are available to nearly 95 crore citizens now.
"My government is committed to true social justice," she said, adding that 25 crore Indians moved out of poverty in the last 10 years.
The President also said the government has been successful in tackling corruption and scams, and ensuring proper use of public funds.
"For India, the end of the first 25 years of this century has been filled with several successes, proud achievements and extraordinary experiences. In the last 10-11 years, India has strengthened its foundation in every sector," she said.
Lauding India's celebration of the 350th martyrdom day of the ninth Sikh guru, Guru Tegh Bahadur, and the country's tribute to revered tribal leader and freedom fighter Birsa Munda on his 150th birth anniversary, Murmu said, "when the country remembers the contribution of its ancestors, the new generation gets inspiration, which further speeds up our journey towards Viksit Bharat (Developed India)."
"The country celebrated the 350th Shaheedi Diwas of Sri Guru Tegh Bahadur Ji. During the 150th birth anniversary of Birsa Munda, the entire country paid him tribute and remembered his contribution to the tribal community," the President said.
"The events related to the 150th birth anniversary of Sardar Vallabhbhai Patel further strengthened the sense of Ek Bharat, Shresht Bharat (One India, Best India). The entire country became witness to how Bharat Ratna Bhupen Hazarika's birth anniversary celebrations filled the country with music and a sense of unity," Murmu said.
The President's mention of the Viksit Bharat – Guarantee for Rozgar and Ajeevika Mission (Gramin) (VB-G RAM G) scheme was met with loud protests from the Opposition benches.
Murmu said the VB-G RAM G initiative would provide guarantee for 125 days of work, would stop corruption and leakages, and provide a new impetus to rural development.
The Opposition members raised slogans demanding its rollback, even as the treasury benches thumped their desk in support of the scheme.
The President had to take a brief pause amid opposition cries of "vapas lo" (roll back) against the Act that replaced the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).
The Opposition parties have been demanding withdrawal of the VB-G RAM G Act and restoration of MGNREGA as a rights-based law in its original form, the right to work and the authority of panchayats.
The government has, meanwhile, claimed that the new Act will further strengthen the guarantee for rural employment.
