New Delhi, Sep 26: The 12-digit biometric Aadhaar number will not be mandatory for opening bank accounts and for obtaining a new SIM card, the Supreme Court said on Wednesday. The Apex Court on Wednesday declared the Centre’s flagship Aadhaar scheme as constitutionally valid and struck down some of its provisions.  However, the Court upheld the Section 139AA  which makes it mandatory to link Aadhaar with Permanent account number (PAN) linking mandatory and to file Income Tax Returns.

A five-judge constitution bench headed by Chief Justice Dipak Misra held that while Aadhaar would remain mandatory for the filing of IT returns and allotment of PAN but would not be mandatory to link Aadhaar to bank accounts and telecom service providers cannot seek its linking for mobile connections. Aadhaar Declared Constitutionally Valid by Supreme Court, But It's Not Mandatory to Link it With Bank Accounts, Mobile Numbers.

Aadhaar Mandatory For:

Permanent Account Number (PAN): The court upheld the 139AA even as it struck down a number of other provisions related to Aadhaar and its usage.  Under this, the Aadhaar-Permanent account number linking is compulsory.

Income Tax Returns: Aadhaar is mandatory for filing income tax returns as the Court upheld 139AA OF Income Tax Act.  It is mandatory quoting of Aadhaar / Enrolment ID of Aadhaar application form, for the filing of return of income.

Aadhaar NOT needed for:

Mobile SIM Cards: Aadhaar is not mandatory for new mobile connections as the Court struck down the section 57 of Aadhaar Act. With the new order in place, no mobile company can demand Aadhaar details from its customers. "Linking of mobile phones is not permissible- neither valid nor constitutional.  Aadhaar numbers shall be deleted forthwith by the telecom companies," says Justice Chandrachud.

School Admissions and Entrance Examinations: Aadhaar will not be mandatory for school admissions, as also for the examinations conducted by the Central Board of Secondary Examination (CBSE), National Eligibility cum Entrance Test (NEET) for medical entrance and the University Grants Commission (UGC). The Supreme Court says that school admissions not a benefit under Section 7, Aadhaar cannot be mandated for the same. It added saying that no child should be denied benefits if they don't have an Aadhaar card. Highlights of Aadhaar Verdict.

"No child can be denied any schemes if they are not able to bring their Aadhaar number. For the enrollment of children, it would be essential to have the consent of parents. They should be given an option to exit on attaining majority. CBSE, NEET, UGC making Aadhaar mandatory is bad and they cannot do so," the apex court observes. Supreme Court Allows Live Streaming of Certain Court Proceedings. 

Private Companies: The Apex court also struck down Section 57 of Aadhaar act which allowed private companies to use Aadhaar authentication. The SC  said that those private companies were not authorised to use Aadhaar authentication and should not insist on seeking Aadhaar number of their users. The Court further added that Aadhaar authentication data cannot be stored for more than six months.

The Supreme Court upheld the constitutional validity of Aadhaar and said that it empowers the marginalised sections of the society. It said Aadhaar is meant to help the benefits reach the marginalised sections of society and takes into account the dignity of people not only from personal but also community point of view.

The Supreme Court's verdict on Aadhaar was pronounced on a batch of pleas challenging the constitutional validity of Aadhaar scheme and its enabling 2016 law. Apart from striking down some of its provisions, the top Court also struck down the national security exception under the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act. The top Court told the central government to introduce a strong data protection law as soon as possible.

(The above story first appeared on LatestLY on Sep 26, 2018 01:30 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).