Sunday, September 30, 2018

AADHAR:Still Valid

Aadhar के लिए इमेज परिणाम



Context

Recently, the constitutional bench of the five judges of the Supreme Court has considered the Aadhaar scheme as constitutionally valid in its decision. However,
This bench of the Supreme Court has also made several provisions regarding the Aadhaar Act. It is notable that before the Supreme Court's decision, the right to privacy was made the original right, resulting in the form of infiltration of the citizens' privacy by critics and various activists. Constitutional
Rather, this project enables sections with margins to take advantage of technology to achieve various services, benefits and subsidies.

Some of the key features of the Supreme Court verdict
The Supreme Court has upheld the validity of the basis and said that adequate safeguards have been taken to protect the data and it is difficult to start the monitoring of the citizens by the basis of the basis.
Under the leadership of Chief Justice Deepak Mishra, the five judge bench asked the government to provide more security measures along with reducing the period of storage of the data.
The Supreme Court has said that the basis for opening a bank account and obtaining mobile connections can not be mandatory.
Apart from this, the court said that the basis for enrolling in the school should not be compulsorily and the administration can not make it mandatory.
However,
The Supreme Court has made the base and pan mandatory for filing income tax return (ITR).
The Supreme Court directed the government to ensure that the basis of the benefits of social welfare schemes will not be issued to the illegal migrants. Apart from this, the Supreme Court says that private companies can not demand the base.
It is notable that during the decision on the constitutional validity of the base, Judge Sikri said that there is a fundamental difference between Aadhar card and identity, that once it has been stored in biometric information, it remains in the system. Also, the base is a unique identity.
The Supreme Court has allowed that provision of the Basic Law,
Which involves sharing data on the basis of national security.
The base society is empowering the marginalized sections and gives them an identity. Justice Sikri has said that "Being unique is better than being best" and fulfills the principle of base proportionality.
What is the basis?
The Aadhaar card issued by the Central Government on behalf of the Unique Identification Authority of India (UIDAI) was introduced to give a unique identification number to every Indian citizen.
In the format in which we see it today, it is mandatory to have Aadhaar number to ensure uniform distribution of most of the benefits provided by the government.
Under this scheme an identity card is issued by the Government of India, which has a specific number of 12 digits.
Since it involves biometric identification,
So now most information about any person can be obtained through these 12 digit number.
It includes its name, address, age, date of birth, fingerprint and eye scanning.
Relevance of recent decision

This decision is important from the view that it not only tells the scope of the base,
Rather, it provides a framework under which it can work.
In the recent decision, majority opinion has demanded to limit the base plan for aspects related to welfare benefits, subsidies and money spent with the consolidated fund of India.
At the same time, Section 57 of the Aadhar Act, 2016 (financial and other subsidies,
Profit and Targeted Distribution of Services) has been largely limited to it. It is noteworthy that under this section, any authorized institution, corporate and persons authorized to use the Aadhaar number to establish identity of someone.
In the Supreme Court, Section 57 of the Aadhaar Act was said to be in violation of Article 14 and 21 of the Constitution and it has also been said that if the private agencies were allowed to use the Aadhaar numbers, then these statistics would be misused.
Assuming the official statistics, except for the authentication failure, except for more than 0.24%, 99 would be included in it.
76% of the people have taken the side of the plan to maintain the continuity.
As a part of the amendment brought in by the Supreme Court in the Rule 9 of the Prevention of Money Laundering Act (Records Maintenance Rule), 2005, as per the amendments brought in the year 2017, all other financial instruments such as mutual funds, credit card, insurance policy etc. It was compulsory to link with
Has been declared unconstitutional.
In fact, this amendment was violating the right to privacy of the person by accessing banking details. In this decision, the court has noted that there can not be such comprehensive provisions under the prevention of money laundering or black money, which targets every resident in the country as a suspect.
The Supreme Court said that the base can be passed like a regular bill, it is notable that in the year 2016, it was passed as a money bill. The Rajya Sabha receives limited power in terms of money bill, so it is easy for the government to get the bill passed by the Rajya Sabha by declaring a bill for money to avoid any obstacle.
While addressing the above mentioned issue, the Court has said that Section 7, which enables the use of the basis for obtaining any government subsidy, profit or service and for which the expenditure is incurred with the consolidated fund of India, The original provision is considered as 'money bill'.
However,
Delegation of Supreme Court judges, Justice D.V. Chandrachud, removing the majority decisions, called the entire Aadhaar project as unconstitutional.
Actually, Justice Chandrachud has been called unconstitutional to pass the Bill of Bill 2016 as a money bill. He also said that the authority of the President to classify a bill as a money bill should be judicially reviewed.
Justice Chandrachud said in his verdict in the protest that "if the Constitution is to protect political authority, strength and authority, then it is important to obey the rule of law".
Conclusionसंबंधित इमेज

The recent judgment of the Supreme Court not only tells the scope of the base,
Rather, it provides a framework under which it can work. It provides protection to the common citizens, with the direction of government to ensure the protection of confidential data of various controversial issues related to the Aadhaar such as the base, as well as political dominance, influence of force and authority. However,
In this regard, the points at which Justice Chandchud has given a verdict in protest are also needed to be considered seriously.

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