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General Studies Prelims

General Studies (Mains)

Aadhaar – Legal Standing and Evolution in India

Aadhaar – Legal Standing and Evolution in India

Recently, the Supreme Court of India ruled that Aadhaar cards cannot serve as proof of age, emphasising that alternative documents like School Leaving Certificates are more reliable for such purposes. This decision has reignited discussions about the utility and limitations of Aadhaar, which was initially conceived as a universal identity system for Indian residents by the Unique Identification Authority of India (UIDAI).

The Purpose of Aadhaar

Aadhaar was launched to provide a unique identification number to every resident in India, aimed at streamlining access to government services and subsidies. The initial focus was on below-poverty-line families, intending to reduce fraud and ensure that benefits reached the intended recipients. However, the scope of Aadhaar has expanded over the years, leading to debates over privacy, security, and its role in governance.

Supreme Court Rulings on Age Proof

The recent Supreme Court ruling stemmed from a case involving compensation for a motor vehicle accident victim, where the age listed on the Aadhaar card was contested. The Court brought into light that the Aadhaar card is not a definitive proof of age, referencing the Juvenile Justice (Care and Protection of Children) Act, which specifies that educational certificates can serve as valid evidence of age. This ruling puts stress on the legal distinction between identity verification and age determination.

Historical Background of Aadhaar

The Aadhaar initiative was first proposed during the United Progressive Alliance (UPA) government as a unique identifier for accessing government schemes. However, it faced political opposition, particularly from the Bharatiya Janata Party (BJP), which raised concerns about data security and potential misuse. Following the BJP’s rise to power in 2014, the Aadhaar project gained momentum, leading to the enactment of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill in 2016.

Legal Challenges and Constitutional Validity

The constitutionality of Aadhaar was challenged in the Supreme Court, culminating in a landmark 2018 ruling. The Court upheld the use of Aadhaar for welfare schemes while declaring it unconstitutional to mandate Aadhaar for opening bank accounts or obtaining mobile connections. This ruling established the principle that while Aadhaar could facilitate access to services, its use must be voluntary, thereby protecting citizens’ rights.

Current Applications and Future Implications

As of early 2024, Aadhaar has become increasingly integral to accessing various government schemes, including the Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS). This mandatory linking raises questions about the balance between efficiency in service delivery and individual privacy rights. The growing reliance on Aadhaar for verification by both public and private entities marks the need for robust data protection measures.

Questions for UPSC:

  1. Discuss the implications of the Supreme Court’s ruling on Aadhaar as proof of age.
  2. Examine the evolution of Aadhaar from its inception to its current applications in India.
  3. Analyse the impact of the Supreme Court’s 2018 ruling on the mandatory use of Aadhaar.
  4. Evaluate the balance between efficiency in governance and individual privacy rights in the context of Aadhaar.
  5. What are the potential challenges and benefits of using Aadhaar in rural employment schemes?

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