Verdict of Supreme Court for Aadhar
By Sandeep nagyaan · 27 Sep 2018
Context:- The Supreme Court give a historical decision in case of Adhar Wednesday to sure the privacy of people. A five judge constitution bench of CJI Dipak Mishra and justice A K Sikri , M A Khanwilkar, D Y Chandrachud and Ashok Bhusan upheld the NDA government Aadhar legislation by 4-1 majority. There are many provisions in this judgment.
Provisions of the new statement of the Court:- (1) Only starting point can be implemented in those schemes which are running on consolidated fund from expenditure (2) The basis will not be relevant on CBSE, NET, JEE, UGC etc. (3) The consent of their parents will be needed for the children to enroll in Aadhar law. (4) In the case of parental consent, if infertile children do not want to take benefit of the scheme, they will be given the opportunity to go out of the base. (5) The basis for permit in school will not be compulsory because neither is this service and nor subsidies (6) education a fundamental right for 6 to 14 year-olds under article 21A can’t be counted benefits such (7) six to fourteen year-olds SSA Come understanding and based on them will not necessarily. (8) To provide advantage of welfare schemes under section 7, children can be enrolled for the Aadhaar number with the consent of the parents. (9) No child will be deprived of the benefits of the scheme due to lack of Aadhaar number. Based on other documents it will be recognized and given benefits.
Some issues against the bench decision:- Justice D Y Chandrachud warn the constitution bench to some issues in case of Aadhar that against the provisions of constitution.
Justice says:- (1) The government could not have passed the Aadhaar Act as a money bill. (2) Unique identification program violates essential norms of privacy and data protection. (3) Violation of fundamental rights under the Aadhaar scheme fails on the touchstone of tests of proportionality. (4) Dignity of rights and individuals can’t be based on algorithm, rights of the 2 billion people cannot be tested as mere contract. Conclusion: In the all point of view this decision is very effective for the people because it will sure the true fundamental rights and stop the misuse the right of privacy. Sources- (jagran & ht)