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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Inappropriate for MLAs seeking free IPL tickets, says D.K. Suresh
Bengaluru: Bengaluru Milk Union Ltd President D.K. Suresh on Monday said it is inappropriate for MLAs to seek free IPL tickets, adding that those interested in watching matches should pay for them personally.
Speaking to reporters near his residence in Sadashivanagar, he said, “IPL is a commercial tournament and does not represent the country. It is not right for public representatives to focus too much on such matters.”
Referring to the recent controversy during the RCB celebrations, he said, “let us find out who benefited the most from the statements made during the incident.” He also pointed out that BJP MLAs had received IPL tickets as well.
Responding to discussions about relocating the Chinnaswamy Stadium, Suresh said the government has already approved the construction of a new stadium at a location he had proposed.
“I had suggested building a stadium in Surya City and submitted a proposal for it. Bengaluru needs four stadiums in four directions to cater to its growing population and encourage youth participation in sports,” he said.
He noted that apart from Kanteerava Stadium, KSCA, and the Football Stadium, there are limited facilities in the city.
“When I was a Lok Sabha member, I had proposed allocating 100 acres in my constituency at Surya City. The land was later earmarked and the plan approved,” he added.
Suresh said he has discussed the project with Minister Zameer Ahmed Khan, Rajiv Gandhi Housing Corporation Chairman Shivalingegowda, and Anekal MLA Shivanna.
“The Cabinet has now approved the project, and a stadium will be developed on around 50–60 acres,” he said.
He further added that he has requested the Deputy Chief Minister to build another stadium at Shivarama Karanth Layout through the BDA, where 40 acres have been allocated. Plans are also being discussed to develop a well-equipped stadium in Bidadi.
Commending state government's recent bilingual policy move, Suresh said forcing children to learn three languages could affect their comprehension.
“It is a good decision to make two languages compulsory. Learning a third language should be left to the choice of students and parents,” he said.
Responding to criticism from BJP leaders, he said their tendency is to oppose every decision of the government.
“To please their central leadership, they take a pro-Hindi stance. Instead, they should advocate for the adoption of Kannada in all states,” he said.
When asked about the earlier three-language policy under Congress, he said, “the situation is different now. Today, the focus should be on quality learning. Kannada should remain the primary language, while students and parents can choose an additional language.”
