Many activists welcome SC verdict on Aadhaar, some disappointed

Many rights' activists welcomed the Supreme Court's judgement on the Aadhaar scheme Wednesday saying it is a "historic verdict" that will provide major relief to the common man while some termed it "disappointing".

"The apex court in its verdict struck down a few portions and read down others in the Aadhaar Act. It did not call it it unconstitutional, but said it is needed for getting subsidies in government schemes," Supreme Court advocate Prashan Bhushan said.

Earlier in the day, the court declared the Centre's flagship Aadhaar scheme as constitutionally valid but struck down some of its provisions including its linking with bank accounts, mobile phones and school admissions.

A five-judge constitution bench headed by Chief Justice Dipak Misra held that while Aadhaar would remain mandatory for filing of IT returns and allotment of Permanent Account Number (PAN), it would not be mandatory to link Aadhaar to bank accounts and telecom service providers cannot seek its linking for mobile connections.

"I think it is a historic judgement, and will provide a major relief to the common man. Private companies earlier would demand Aadhaar for offering services, or opening bank accounts, admission in schools and buying a mobile SIM card was denied to people for lack of it. So, it would spell out major relief for citizens," Bhushan said.

The verdict said it would not be mandatory for school admissions, as also for the examinations conducted by the Central Board of Secondary Examination, National Eligibility cum Entrance Test for medical entrance and the University Grants Commission.

The bench also struck down the national security exception under the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act.

Rahul Rai, Director of Delhi-based NGO, Indian Institute of Human Rights, said it was a "balanced judgement".

"The controversy over the Aadhaar has been going for a long time, and it had to be laid to rest some day. So, I am glad it has been in the apex court verdict. Also, it is heartening to learn that in the judgement, it has been spelt out that private companies cannot insist on having an Aadhaar, be it banking or telecom services," he said.

But not everyone was happy about the judgement.

Amnesty India in a tweet said "making an Aadhaar card a prerequisite to access essential services and benefits can obstruct access to several constitutional rights, including the rights of people to food, health care, education and social security."
Right to food activist Dipa Sinha said, "We have been fighting for the right to food for people and, we were expecting that these welfare schemes would be delinked from Aaadhar too."