This case was about the constitutional validity of linking Aadhaar Card with various other accounts or links. In this case the validity of Aadhaar Card was also challenged. A Writ Petition was filed by the retired Judge K.S.Puttaswamy and Mr. Pravesh Sharma. And also states that it violates the Fundamental Rights given under Article 21 of the Indian Constitution.

The Aadhaar Act was came into force to provide the unique number of identification to each and every person which cannot be duplicated. This scheme was introduced specially for BPL families. The Aadhaar Act also makes it sure to stop the unfair practices.

Another question which was raised was whether right to privacy is a fundamental right or not. In the year 2015 case was filed challenging the constitutionality of Aadhaar in front of the three Judge bench. But the Court refused to consider privacy as the fundamental right. Therefore this issue was raised before the nine judge bench.

The petitioner argued that Right to life with dignity guarantees right to privacy as an independent fundamental right, but the respondent argued on this point by stating that personal liberty is only recognise by the Constitution and right to privacy is may be incorporated that to for a limited extent.

Court held that right to privacy is the included under the right to life and personal liberty under Article 21 of the Constitution and it is guaranteed by the Constitution of India under Article 14, 19 and 21. The court overruled the Supreme Court’s Judgement on Kharak Singh v. State of U.P and M.P.Sharma v. Satish Chandra. 

The Supreme Court made the Aadhaar Card mandatory if someone want to avail the benefits of the schemes or subsidies which Government provide. The Court also stated that Children should not be denied the benefits provided by the Governement even if they don’t have Aadhaar Card and the exceptions provided under the Aadhaar Act related to national security is also struck down by the Court.

Therefore the Supreme Court held that the Aadhaar Act is valid but the Government has to take the necessary measure to secure the data of the citizens. The court also held that the Government cannot release the data collected by the citizens through Aadhaar for any commercial banks or companies. The court struck down the Section 57 of the Act by contending it as unconstitutional.

(Author: Charu Shrivastava, LYT)

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