What is Aadhaar ?
Aadhaar is a 12 digit unique identification number generated by taking biometric information of 3 components photograph, fingerprint and IRIS scan of a particular person, it also records the demographic details of the person.
Who is Eligible ?
Any person who resides in India for 182 days in the preceding year from the date of application is eligible for applying for Aadhaar. This is NOT CONSIDERED AS A PROOF OF CITIZENSHIP or DOMICILE.
Conception of Aadhaar.
India which adheres to the 'socialistic pattern of society', believes in distribution of resources fairly among its citizens through welfare schemes. Where majority are in poverty, it is important to see that the welfare schemes like public distribution of cereals, pulses, edible oil, kerosene, sugar etc; work for money, pensions are delivered to the beneficiaries without any leakages, so that the constrained resources of government are distributed efficiently.
The delivery of welfare schemes often uses identities like ration card to identify the beneficiaries and these identifications varies from state to state, and are subjected to duplication and fake identities being created. These inefficiencies in identification of beneficiaries and delivery of services leads to diversion of scarce states resources to black market and deprives the original beneficiaries their rights.
To tackle such corrupt practices and leakages the concept of Aadhaar was conceived. Aadhaar tackles this problem at two levels. One at identification level where biometrics are collected which does not allow duplicacy, and second at the level of service delivery where the intended beneficiary receives the service as his biometric data is used to authenticate the beneficiary.
Aadhaar was used as pilot basis in 51 districts for direct benefit transfer during UPA II government. Later it's scope of implementation was widened. Later when Aadhaar was used to directly transfer LPG subsidies to the consumers, the exchequer was able to weed out duplicate connections and the savings witnessed by the government were quite encouraging. This DBT(direct benefit transfer) scheme was gradually applied to PDS(public distribution system), MNREGA,etc through linking to bank accounts by JAM (Jan Dhan - Aadhaar - Mobile) scheme.
Though the Aadhaar bill ' The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016' has gained legality in march 2016, its implementation was being carried out since 2013 with out any legal backing. This led to many litigations.
The delivery of welfare schemes often uses identities like ration card to identify the beneficiaries and these identifications varies from state to state, and are subjected to duplication and fake identities being created. These inefficiencies in identification of beneficiaries and delivery of services leads to diversion of scarce states resources to black market and deprives the original beneficiaries their rights.
To tackle such corrupt practices and leakages the concept of Aadhaar was conceived. Aadhaar tackles this problem at two levels. One at identification level where biometrics are collected which does not allow duplicacy, and second at the level of service delivery where the intended beneficiary receives the service as his biometric data is used to authenticate the beneficiary.
Implementation Of Aadhaar Scheme.
To issue Aadhaar numbers government established UIDAI(Unique Identification Authority of India) in January 2009 under the supervision of Planing Commission, under the jurisdiction of Ministry of Electronics and Information Technology via notification in the Gazette of India as a statutory body to lay down plans and policies to implement UID'sAadhaar was used as pilot basis in 51 districts for direct benefit transfer during UPA II government. Later it's scope of implementation was widened. Later when Aadhaar was used to directly transfer LPG subsidies to the consumers, the exchequer was able to weed out duplicate connections and the savings witnessed by the government were quite encouraging. This DBT(direct benefit transfer) scheme was gradually applied to PDS(public distribution system), MNREGA,etc through linking to bank accounts by JAM (Jan Dhan - Aadhaar - Mobile) scheme.
Why Aadhaar's validity was beeing quetioned?
Though the Aadhaar bill ' The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016' has gained legality in march 2016, its implementation was being carried out since 2013 with out any legal backing. This led to many litigations.
The litigation's were on the concerns of security of data collected and right to privacy, as the data was being shared with private sector like the telecom companies, which were mandated to authenticate their subscribers using the data of aadhaar, failing which the services provided to the subscriber would be deactivated. While such compelling terms were imposed, there was no legal protection for protecting the personal data of the people from being misused. As the Aaadhaar had important information like demographics. People started to perceive that it was a government policy which was implemented for commercial exploitation by private sector and the data was within reach of private sector irrespective of individuals consent.
Also the possession of Aadhaar was made mandatory for the receiving of benefits for welfare schemes, and other identifications like ration card were no longer being accepted, which lead to rejection of benefits to people without Aadhaar enrollment, defeating the very purpose of objective of aadhaar scheme. Initial technical glitches in authentication of biometrics raised many questions on feasibility of the scheme.
So what are the fundamental objectives of Aadhaar.
So what are the fundamental objectives of Aadhaar.
The Summary of Aadhaar bill(from prsindia.org)
Eligibility: Every resident who resides in India for at least 182 days in preceding 1 year prior to the application of Aadhaar.
Information to be submitted: (i) biometric (photograph, finger print, iris scan) and (ii) demographic (name, date of birth, address) information
Use of Aadhaar number : To verify the identity of a person receiving subsidy. If someone does not have aadhaar number they are required to apply for it and in meanwhile other identity will accepted temporarily. Any public or private entity can accept the Aadhaar number as a proof of identity.
Functions and composition of authority:
(i) specifying demographic and biometric information to be collected during enrolment,
(ii) assigning Aadhaar numbers to individuals,
(iii) authenticating Aadhaar numbers, and
(iv) specifying the usage of Aadhaar numbers for delivery of subsidies and services.
Authentication: The UID authority will authenticate the Aadhar number of an individual, if an entity makes such a request on obtaining the consent of an individual before collecting his information. The agency can use the disclosed information only for purposes for which the individual has given consent.
Response to authentication query: The UID authority shall respond to an authentication query with a positive, negative or other appropriate response. However, it is not permitted to share an individual’s finger print, iris scan and other biological attributes.
Authentication record maintained by UID authority: The UID authority shall record the entity requesting verification of a person’s identity, the time of request and the response received by the entity. The purpose for which an individual's identity needs to be verified will not be maintained.
Protection of information: Biometric information such as an individual’s finger print, iris scan and other biological attributes (specified by regulations) will be used only for Aadhaar enrolment and authentication, and for no other purpose. Such information will not be shared with anyone, nor will it be displayed publicly, except for purposes specified by regulations.
Cases when information may be revealed: In two cases, information may be revealed:
i. In the interest of national security, a Joint Secretary in the central government may issue a direction for revealing,
(i) Aadhaar number,
(ii) biometric information,
(iii) demographic information, and
(iv) photograph.
Such a decision will be reviewed by an Oversight Committee (comprising Cabinet Secretary, Secretaries of Legal Affairs and Electronics and Information Technology) and will be valid for six months.
ii. On the order of a court,
(i) an individual’s Aadhaar number,
(ii) photograph, and
(iii) demographic information, may be revealed.
Offences and penalties: A person may be punished with imprisonment upto three years and minimum fine of Rs 10 lakh for unauthorized access to the centralized data-base, including revealing any information stored in it. If a requesting entity and an enrolling agency fail to comply with rules, they shall be punished with imprisonment upto one year or a fine upto Rs 10,000 or Rs one lakh (in case of a company), or with both.
Cognizance of offence: No court shall take cognizance of any offence except on a complaint made by the UID authority or a person authorized by it.
How Supreme Court Upheld the Constitutional validity of Aadhaar.
Use of Aadhaar number : To verify the identity of a person receiving subsidy. If someone does not have aadhaar number they are required to apply for it and in meanwhile other identity will accepted temporarily. Any public or private entity can accept the Aadhaar number as a proof of identity.
Functions and composition of authority:
(i) specifying demographic and biometric information to be collected during enrolment,
(ii) assigning Aadhaar numbers to individuals,
(iii) authenticating Aadhaar numbers, and
(iv) specifying the usage of Aadhaar numbers for delivery of subsidies and services.
Authentication: The UID authority will authenticate the Aadhar number of an individual, if an entity makes such a request on obtaining the consent of an individual before collecting his information. The agency can use the disclosed information only for purposes for which the individual has given consent.
Response to authentication query: The UID authority shall respond to an authentication query with a positive, negative or other appropriate response. However, it is not permitted to share an individual’s finger print, iris scan and other biological attributes.
Authentication record maintained by UID authority: The UID authority shall record the entity requesting verification of a person’s identity, the time of request and the response received by the entity. The purpose for which an individual's identity needs to be verified will not be maintained.
Protection of information: Biometric information such as an individual’s finger print, iris scan and other biological attributes (specified by regulations) will be used only for Aadhaar enrolment and authentication, and for no other purpose. Such information will not be shared with anyone, nor will it be displayed publicly, except for purposes specified by regulations.
Cases when information may be revealed: In two cases, information may be revealed:
i. In the interest of national security, a Joint Secretary in the central government may issue a direction for revealing,
(i) Aadhaar number,
(ii) biometric information,
(iii) demographic information, and
(iv) photograph.
Such a decision will be reviewed by an Oversight Committee (comprising Cabinet Secretary, Secretaries of Legal Affairs and Electronics and Information Technology) and will be valid for six months.
ii. On the order of a court,
(i) an individual’s Aadhaar number,
(ii) photograph, and
(iii) demographic information, may be revealed.
Offences and penalties: A person may be punished with imprisonment upto three years and minimum fine of Rs 10 lakh for unauthorized access to the centralized data-base, including revealing any information stored in it. If a requesting entity and an enrolling agency fail to comply with rules, they shall be punished with imprisonment upto one year or a fine upto Rs 10,000 or Rs one lakh (in case of a company), or with both.
Cognizance of offence: No court shall take cognizance of any offence except on a complaint made by the UID authority or a person authorized by it.
How Supreme Court Upheld the Constitutional validity of Aadhaar.
Recent verdict in Justice K.S. Puttaswamy vs Union of India case, a nine judge bench ruled unanimously that privacy is a fundamental right . This has put validity of UID in a conundrum. The question of validity of Aadhaar and its use was contested on the grounds of protection of privacy.
The Supreme Court in its verdict of bench of five upheld the constitutionality of Aadhaar, but not without corrections. It had struck down few provisions which could not hold the test of reasonability.
The verdict struck down section 57 of the act:
57. Nothing contained in this Act shall prevent the use of Aadhaar number for establishing the identity of an individual for any purpose, whether by the State or any body corporate or person, pursuant to any law, for the time being in force, or any contract to this effect
Also stated that Aadhaar authentication data cannot be retained for more than 6 months.
It did also opined that private sector using Aadhaar details would lead to profiling of UID subscribers which can be used for influencing political views of people.
As per the SC verdict, linking of the Aadhaar number will not be mandatory for the following services.
Employee pension;
Re-verification of mobile number;
Bank accounts;
Mutual fund investments;
Insurance policies;
Credit cards;
New or existing post office schemes;
New or existing NSC accounts;
New or existing PPF accounts; or
New or existing Kisan Vikas Patra
But however UID is mandatory for income tax fillings and for acquiring PAN card.
Validity of Aadhaar being passed as MONEY BILL .
Supreme Court upheld the decision as being passed as money bill under Article 110(3) of the constitution based on section 7 of the bill which states that
"UID for the purpose of establishing identity of an individual as a condition for receipt of a subsidy, benefit or service for which the expenditure is incurred from, or the receipt therefrom forms part of, the Consolidated Fund of India"
In dissent note of 4-1 judgement in favor of Aadhaar, it was pointed out that passing Aadhaar as money bill was fraud "Passing of bill as Money bill when it does not qualify as a Money bill is a fraud on Constitution and violates its basic structure"
Conclusion:
Supreme Court could not reject the usefulness of Aadhaar in delivering good governance. At the same time the government also has the responsibility to protect the privacy and personal data of its citizens. It should make sure that data is leakproof and protect it from falling into hands of anyone who would abuse it.
Though government feels that Aadhaar would be essential for national security in fighting terrorism, money laundering, it should make sure that its power is not abused, and become overreaching violating the individual rights.
It should also increase the efficiency in delivering its services, not just issuing UID's. It should make sure that every beneficiary especially the vulnerable like old, sick and physically challenged people are receiving these services, even may be at their doorstep.
The working of legislative institutions should raise above their weight and works towards constructing better laws, keeping aside obstructive politics, so that the laws are not necessitated to be rectified by courts. The tactics to bypass Rajyasabha or passing ordinances should be avoided, and the parties in power and opposition should work towards strengthening democracy.
The verdict struck down section 57 of the act:
57. Nothing contained in this Act shall prevent the use of Aadhaar number for establishing the identity of an individual for any purpose, whether by the State or any body corporate or person, pursuant to any law, for the time being in force, or any contract to this effect
Also stated that Aadhaar authentication data cannot be retained for more than 6 months.
It did also opined that private sector using Aadhaar details would lead to profiling of UID subscribers which can be used for influencing political views of people.
As per the SC verdict, linking of the Aadhaar number will not be mandatory for the following services.
Employee pension;
Re-verification of mobile number;
Bank accounts;
Mutual fund investments;
Insurance policies;
Credit cards;
New or existing post office schemes;
New or existing NSC accounts;
New or existing PPF accounts; or
New or existing Kisan Vikas Patra
But however UID is mandatory for income tax fillings and for acquiring PAN card.
Validity of Aadhaar being passed as MONEY BILL .
Supreme Court upheld the decision as being passed as money bill under Article 110(3) of the constitution based on section 7 of the bill which states that
"UID for the purpose of establishing identity of an individual as a condition for receipt of a subsidy, benefit or service for which the expenditure is incurred from, or the receipt therefrom forms part of, the Consolidated Fund of India"
In dissent note of 4-1 judgement in favor of Aadhaar, it was pointed out that passing Aadhaar as money bill was fraud "Passing of bill as Money bill when it does not qualify as a Money bill is a fraud on Constitution and violates its basic structure"
Conclusion:
Supreme Court could not reject the usefulness of Aadhaar in delivering good governance. At the same time the government also has the responsibility to protect the privacy and personal data of its citizens. It should make sure that data is leakproof and protect it from falling into hands of anyone who would abuse it.
Though government feels that Aadhaar would be essential for national security in fighting terrorism, money laundering, it should make sure that its power is not abused, and become overreaching violating the individual rights.
It should also increase the efficiency in delivering its services, not just issuing UID's. It should make sure that every beneficiary especially the vulnerable like old, sick and physically challenged people are receiving these services, even may be at their doorstep.
The working of legislative institutions should raise above their weight and works towards constructing better laws, keeping aside obstructive politics, so that the laws are not necessitated to be rectified by courts. The tactics to bypass Rajyasabha or passing ordinances should be avoided, and the parties in power and opposition should work towards strengthening democracy.
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