About Us  :  Online Enquiry



The 5-judge bench of the Supreme Court in a crucial verdict on Wednesday watered down several sections of the Aadhaar Act, in what seems to be a positive development for petitioners in the case.

While the constitutional validity of Aadhaar was upheld, the top court has eliminated some clauses, which required information sharing with third parties in various scenarios.

Linking of mobile and bank account is no more mandatory under the Aadhaar Act, said the five-judge SC bench which was hearing the judgement. However, linking of PAN with Aadhaar remains mandatory under 139AA of Income Tax Act.

However, Sections 33(2), 47 and 57 have been struck down as unconstitutional by the top court. All of these pertain to data sharing with third parties including corporates, schools, offices and other private organisations.

Section 33(2) of Aadhaar Act

Under Section 33(2) of the Aadhaar Act, individuals were required to disclose information pertaining to identity and authentication towards the interest of national security after approval from anyone equivalent to the rank of Joint Secretary to the Government of India. With this norm, no individual will now be forced to share any authentication information including Aadhaar biometrics.

Section 47 of the Aadhaar Act

The Section 47 of the Aadhaar Act was also struck down as unconstitutional by the Supreme Court. Under Section 47 of the Aadhaar Act, criminal complaints with regards to data breach could only be filed by UIDAI; individuals were not allowed. However, this clause has now been revoked, allowing individuals to report any incident of a data breach.

Section 57 of the Aadhaar Act

Last but not the least, the top court also struck down Section 57 of the Aadhaar Act, which basically means that users will not have to share their Aadhaar data with any other third-party for availing services. In a nutshell, you will no have to share any of your authentication details or biometric data to sign up or use a service.

Many people welcomed the judgement while some petitioners were clearly not happy. A petitioner said that watering down the Aadhaar Act does not solve issues related to privacy. However, it is certain that there will be sweeping changes in the functionality of Aadhaar after this crucial judgement.

Current Affairs 2020

Send this to a friend