Aadhaar Stays, With Limits On ‘Function Creep'

A five-judge bench of the Supreme Court, in an eagerly anticipated verdict on September 26, upheld by a majority of four to one the constitutional validity of the Aadhaar Act, 2016. But the court appeared to also recognise that the penetration of Aadhaar into every sphere of public activity was excessive, what is often described as its function creep. Among the sections it struck down was 57 which permitted private entities to demand Aadhaar data, including biometric data, in exchange for their services.

- Kaushik Deka

The court refused to accept that it was necessary for commercial banks or digital wallet companies, Paytm for instance, to demand the Aadhaar details of customers. Mobile service providers, too, can no longer demand to see Aadhaar identification or collect biometric details before doling out SIM cards, though some 880 million bank accounts and 700 million mobile numbers have already been linked to Aadhaar. Indeed, the dissenting judge, D.Y. Chandrachud, offered the view that all telecom companies should delete what Aadhaar data had been collected. The judges also agreed that children could not be denied services for lack of an Aadhaar card, nor could schools and education boards link the card to admissions and exams.