Aadhaar Programme Entirely Unconstitutional said Justice Chandrachud

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Justice DY Chandrachud, while reading out his judgment on the constitutional validity of Aadhaar on Wednesday, 26 September, said the Aadhaar programme is entirely unconstitutional, Live Law reported.

Justice Chandrachud said passing the Aadhaar Act as a money bill is a fraud on  the Constitution. He stated that it may be politically expedient but is constitutionally impermissible.

Justice DY Chandrachud said Aadhaar violates informational privacy.

Further calling Section 139AA of the Income Tax Act unconstitutional, Chandrachud said it is based on the premise of constitutionality of Aadhaar, reported Live Law.

According to Section 139AA of Income Tax Act, every person who is eligible to obtain an Aadhaar number shall quote Aadhaar number in the application form for allotment of the permanent account number (PAN) and in the return of income.

A five-judge Constitution Bench headed by Chief Justice Dipak Misra held that while Aadhaar would remain mandatory for filing of IT returns and allotment of Permanent Account Number (PAN), it would not be mandatory to link Aadhaar to bank accounts and telecom service providers cannot seek Aadhaar number for mobile connections.

The SC added Aadhaar would also not be mandatory for school admissions or for the examinations conducted by the Central Board of Secondary Examination, National Eligibility cum Entrance Test for medical entrance and the University Grants Commission. The bench also struck down the national security exception under the Aadhaar Act.

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