Government Introduces Aadhaar Amendment Bill In Lok Sabha

Must Read

Calcutta High Court Rejects the Petition Challenging the Bid’s Rejection Filed on Seeking Condonation of Delay Due to Pandemic Interventions in Absence of Satisfactory...

Case: Shiba Prosad Banerjee vs The State of West Bengal and others The Hon’ble Justice Sabyasachi Bhattacharyya of Calcutta...

Calcutta High Court Reiterated the Scope of the Grounds for Exercising Its Criminal Revisional Jurisdiction.

Case: Shreya Beria vs Vedant Bhagat The Calcutta HC on 20th January 2021, dismissed the criminal revision filed by...

Gujarat High Court Allows a Family Suit to Be Transferred From Family Court, Surat to the Family Court, Bhavnagar

The Court directed that in light of the circumstances of the present case, the application of the applicant- wife...

Telangana HC Grants Two Days to Convey the Decision of Appropriate Notification and Counselling to the Higher Secondary Department

Excerpt In Telangana Republican Party Trp vs The State Of Telangana, on 18 January 2021, Telangana High Court directed the...

Telangana HC: Applications Have to Be Made Through Online Web Portal “Dharani” for Mutation of Names

Excerpt In P. Manohar Reddy vs The State Of Telangana And 3 Others, on 18 January 2021, Telangana High Court...

Follow us

The central government introduced Aadhaar Amendment Bill 2018 to modify the existing laws with the tune of the Judgment of the Supreme Court in Puttaswamy’s case. The Constitutional Bench of the Supreme Court in 4:1 majority upheld the constitutional validity of the Aadhaar act with certain restrictions and changes. The Compulsory use of Aadhaar based on the KYC use for the mobile connections and bank accounts were prohibited by the Supreme Court.  The amended bill permits the enrolment of the children to the scheme with the consent of their parents and guardians. It also contains the provision enabling the children to seek the cancellation of their Aadhaar number on attaining the majority. The bill further clarifies that no child should be denied any benefit or subsidy for want of Aadhaar.

Bank accounts and Aadhaar

The bill proposes amendment to permit the voluntary use of Aadhaar Number for identity verification by banks before opening the bank accounts. The Prevention of Money Laundering Act, which brought the mandating the link of bank accounts with Aadhaar  was also struck down by the Supreme Court in Puttaswamy’s case.

Telecom Service Provider and Aadhaar

The bill proposes to amend Indian Telegraph Act 1885, to provide for the voluntary use of Aadhaar for the identity verification. The telecom companies which are authorised to use Aadhaar number for the identity verification, but however the amended bill does not say that the Aadhaar has to be compulsorily be used for the verification. The circular that was issued by the Department of Telecommunications on dated 23rd March 2017 mandating the compulsory linkage of mobile numbers with the Aadhaar Number was struck down by the Supreme Court on the ground that the circular had no statutory backing.

Salient Features of the Amended Bill

  1. Offline verification: The bill provides and permits the offline verification of Aadhaar number for the identification purposes. Offline verification means use of Aadhaar number to establish the identity without the authentication using the biometric data or the other electronic means.
  2. Virtual ID: The amended bill has changed the definition of Aadhaar number and now the definition includes the ‘Virtual ID’ in addition to the 12 digit number. This ID enables to authenticate the identity without providing the Aadhaar number.
  3. High Court Judge can order for disclosure: The amended bill has changed the authority, who can issue orders to disclose Aadhaar information from ‘District Judge’ to a “High Court Judge”.
  4. Right of hearing: The bill states that the holder f the Aadhaar number should be provided with fair hearing before issuing the order of the disclosure. The Supreme Court read down the Section 33(1) to include right of hearing for the Aadhaar number holder.
  5. No – Denial of services due to the authentication failure:  The proposed bill clarifies that any failure of the authentication of the Aadhaar Number due to old age, sickness or by any technical reason should not result in the denial of the services or any benefit to the person.
  6. Civil Penalties: The proposed amended bill introduces a new chapter which specifies for the civil penalties for the collection, use and disclosure of the Aadhaar information in contravention with the provision of the act. The maximum penalty proposed is 1 crore.
  7. Cognizance: Section 47 of the proposed bill enables the court to take cognizance on the complaint made by the holder of the Aadhaar number or who is the victim of the offences committed under the act.
  8. Appellate authorities: The Telecom Dispute Settlement Appellate Authority has made the appellate authority for considering the challenge against the imposition of the civil penalties. An appeal provision to the Supreme Court is contained in the Bill, against the orders of the Telecom Dispute Settlement Appellate Authority.
  9. Section 57 Omitted: Section 57 of the Act permitted private entities to use Aadhaar number for authenticating identity before the disbursement of services. The provision was struck down by the Supreme Court and the further the amended bill omitted the Section 57.
  10. Secretary authorised to order for the disclosure: Earlier the authority competent to issue orders of disclosure of the Aadhaar information in the interest of the national security was the Joint Secretary which has been changed as “Secretary” in the proposed bill under Section 33(2).

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Calcutta High Court Rejects the Petition Challenging the Bid’s Rejection Filed on Seeking Condonation of Delay Due to Pandemic Interventions in Absence of Satisfactory...

Case: Shiba Prosad Banerjee vs The State of West Bengal and others The Hon’ble Justice Sabyasachi Bhattacharyya of Calcutta High Court on 22nd January...

Calcutta High Court Reiterated the Scope of the Grounds for Exercising Its Criminal Revisional Jurisdiction.

Case: Shreya Beria vs Vedant Bhagat The Calcutta HC on 20th January 2021, dismissed the criminal revision filed by the Petitioners (wife) challenging the...

Calcutta High Court: Deceased’s Wife Has the Sole Right Over His Preserved Sperm; Father Doesn’t Have Any Fundamental Right Over Son’s Progeny Without the...

Case: Asok Kumar Chatterjee vs. The Union of India & Ors. The Calcutta High Court dismissed the petition by the Petitioner (father) on 19th...

Gujarat High Court Allows a Family Suit to Be Transferred From Family Court, Surat to the Family Court, Bhavnagar

The Court directed that in light of the circumstances of the present case, the application of the applicant- wife to transfer the case from...

Telangana HC Grants Two Days to Convey the Decision of Appropriate Notification and Counselling to the Higher Secondary Department

Excerpt In Telangana Republican Party Trp vs The State Of Telangana, on 18 January 2021, Telangana High Court directed the Higher Education Department for passing...

Telangana HC: Applications Have to Be Made Through Online Web Portal “Dharani” for Mutation of Names

Excerpt In P. Manohar Reddy vs The State Of Telangana And 3 Others, on 18 January 2021, Telangana High Court directed that one has to...

Indonesian Spa Therapist Approaches Supreme Court Regarding Illegal Detention Followed by Raid at the Spa

An Indonesian spa therapist has moved to Supreme Court, whilst challenging an HC order which provided relief to the police inspector who was involved in the illegal detention of the spa therapist in a woman’s home which was followed by a police raid at the spa.

Questions of Forgery, Tampering Not Capable of Summary Adjudication Under Article 226 in Delhi High Court’s Jee Marks Case

Questions of fraud, forgery, and tampering require elaborate evidence as per the ruling of the Delhi High Court making it incapable of summary adjudication...

Supreme Court: Urgent and Immediate Reforms Needed in the Legal Education Due To Mushrooming of Law Schools

The Supreme Court, on Saturday, said that there is an urgent need for reforming the legal education in the country as its quality is being affected due to the ‘mushrooming’ of Law Colleges.

Delhi High Court Ruled Disclosure of Interest in Information Sought Under Rti Act Necessary to Establish Bonafides of Applicant

The Delhi HC opined that disclosure of the interest of information is necessary for the information sought under the RTI Act for establishing bonafide...

More Articles Like This

- Advertisement -