The Supreme Court of India on 26th September 2018 tackled the biggest case in the recent years, that of whether the Aadhaar card system is unconstitutional. The Constitution bench consisting of five members, Chief Justice Dipak Misra and Justices A.K Sikri, A.M Khanwikar, D.Y Chandrachud and Ashok Bhushan have made their verdict clear with a majority of 4:1 that Aadhaar is constitutional.

Where Aadhaar is necessary?

  • Linking of PAN card with Aadhaar.
  • To file Income Tax return.
  • To get benefits of welfare schemes run by State and Central governments and subsidy.
  • In the matters of National Security, after the permission by law.

Where Aadhaar is not needed?

  • While opening bank accounts or linking of Aadhaar with opened bank accounts.
  • Mobile network service providers can’t demand only Aadhaar on purchasing new sim or force you to link it to your previous mobile numbers.
  • Seeking admission in schools for children or filling any exam form.
  • Children can’t be restricted to avail government welfare schemes in the absence of Aadhaar card.

Companies can’t store your data

The national security exception under section 33 has also been struck down. The previous rule that required to archive Aadhaar based transaction log has been struck down and they can store it for not more than 6 months. The idea behind it is to preserve your Right to Privacy.

We suggest our readers to ignore the calls which forces you to link your mobile number or bank accounts to Aadhaar number.


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