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Supreme Court Judgment On Aadhaar Card

IndianMoney.com Research Team | Updated On Thursday, September 27,2018, 04:00 PM

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Supreme Court Judgment On Aadhaar Card

 

 

The Aadhaar verdict is out as you and more than a billion citizens waited with bated breath. Is it compulsory to link Aadhaar with bank account or for that matter, Aadhaar with mobile number? All the answers are here.

The Supreme Court has said the Aadhaar Scheme is constitutionally valid. It doesn’t create a “surveillance state” nor infringe on the Right To Privacy. The Supreme Court has also said that Aadhaar is not mandatory for bank accounts, mobile connections or for that matter, school admissions.

What needs to be linked to Aadhaar? Let’s find out. Want to know more on Investment Planning? We at IndianMoney.com will make it easy for you. Just give us a missed call on 022 6181 6111 to explore our unique Free Advisory Service. IndianMoney.com is not a seller of any financial products. We only provide FREE financial advice/education to ensure that you are not misguided while buying any kind of financial products.

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Aadhaar Judgment: What Needs To Be Linked?

This was a controversy which has been laid to rest. Is Aadhaar a must for children availing a mid-day meal? According to Article 21A of the constitution, the Right To Education (RTE) is a fundamental right. Forcing a child to get an Aadhaar infringes on his/her right to privacy and is against RTE. So, Aadhaar is not longer compulsory for admissions in schools and colleges. Consent of parent/guardian is necessary to enroll a child in Aadhaar. When a child attains maturity he can choose to opt out of Aadhaar. No child can be denied school admissions for want of Aadhaar. For CBSE, NEET and other university exams, Aadhaar is no longer mandatory.

1. Can Aadhaar Act be passed as a money bill?

Yes, the Supreme Court has upheld the Aadhaar Act as a Money Bill. The purpose of the Aadhaar Act to be passed as a money bill is to identify the intended beneficiary and deliver the benefits, subsidies, services et al. This is targeted delivery of subsidies and services to the poor and the marginalized. So, most of the Supreme Court Judges bar one, had no problem with the Aadhaar Act being passed as a money bill.

2. Is it compulsory to link Aadhaar to mobile phone number?

It’s not compulsory to link Aadhaar with mobile phone number. The argument was the misuse of SIM cards, but such misuse by a handful of people cannot force the entire population to take up Aadhaar and intrude into their private lives.  

3. Is Aadhaar compulsory for bank account?

You are no longer required to link Aadhaar or Unique Identity Number (This is a 12-digit personal identification number) with bank account. No bank can force you to do it. The benefits under the Aadhaar are in the nature of welfare schemes, so why make Aadhaar compulsory for bank accounts?

4. Is Aadhaar compulsory for welfare schemes?

If you want to enjoy the benefits of welfare schemes and subsidies, then Aadhaar is a must. Aadhaar is a must for availing facilities of welfare schemes and government subsidies.

SEE ALSO: How To Link Mutual Funds With Aadhaar Card?

5. Can Private Bodies insist on Aadhaar?

The Section 57 of the Aadhaar Act has been struck down. This means Private Companies, Telecom Companies, E-Commerce firms cannot ask for Aadhaar when providing services.

India’s largest e-commerce payment system Paytm, has been forcing customers to show Aadhaar for verification. Customers have complained that Aadhaar was used for KYC (Know Your Customer) verification. Some Amazon India executives have been insisting on Aadhaar to track lost packages. Home-owners have been insisting on Aadhaar, while giving rooms on rent.

Banks have been forcing customers to link Aadhaar to bank accounts. Banks refused to open new bank accounts without Aadhaar. This was much before RBI set March 31st as the deadline to link Aadhaar with Bank Account. Banks have insisted this is just to avoid the last minute rush. The state was no different with Insurers. Insurers were denying claim benefits if Aadhaar was not linked to bank account and life insurance plans. The Supreme Court then extended the deadline, indefinitely.

The Supreme Court has struck down Section 57 and Private Companies cannot ask for Aadhaar Numbers. You need not share Aadhaar Number with any third party.

Aadhaar is not mandatory for availing banking and financial services.

6. Is Aadhaar compulsory for PAN?

Aadhaar is compulsory when filing ITR (Income Tax Returns) and you must link Aadhaar to PAN. You must link Aadhaar with PAN before the deadline of March 31st 2019. You have to quote Aadhaar while filing ITR and also when applying for a PAN.

Supreme Court says Indians must link Aadhaar Number with PAN Card and Income Tax Returns. Aadhaar-PAN is mandatory for resident citizens.

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IndianMoney.com Research Team

The research team at IndianMoney.com comprises of certified and experienced professionals who share the company's vision to make every Indian financially literate by equipping every Indian with right and unbiased advice. IndianMoney.com research team provides newsletters, articles, videos and FAQs on various financial products and concepts only to help you make wise financial decisions.

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