Is Our Privacy Safe Under The Aadhaar Scheme? A Critical Analysis Of Change In The Privacy Law Regime Post Aadhaar Case In India

Must Read

What is the Real Estate (Regulation and Development) Act, 2016?

The Real Estate (Regulation and Development) Act, 2016 (“RERA”) is an Act of the Parliament. It seeks to protect...

Should the Exorbitant Amounts Charged for RT-PCR Tests be Refunded?

Introduction A plea has been filed in the Honourable Supreme Court of India seeking a refund of exorbitant amounts charged...

Should CCTV’s be Installed in the Police Station?

Introduction In a recent judgment, the bench led by Justice Nariman issued directions to both the state and Union Territory...

A Legal Analysis of the West Bengal Political Crisis on IPS Deputation

The Ministry of Home Affairs (MHA) has recently summoned three IPS officers of West Bengal (WB). The decision was...

Explained: Postal Ballot for NRIs

At the end of November 2020, Election Commission sent a proposal to the law ministry to amend the Representation...

Explained: Constitutional Provisions and Legislations With Regards to a Person with Disabilities

The world celebrates December 3 as International Day of Persons with Disabilities (IDPD). This day is also called World...

Follow us

Managed by UIDAI (Unique Identification Authority of India), aadhaar is a 12 digit unique identification number issued to a resident of India, by the Indian Government. The word ‘Aadhar’ has been derived from a Hindi word which means ‘base’ or ‘foundation’. This card solely can be used for identification purpose. This doesn’t necessarily mean that it has replaced all other cards but can is sufficient to get your works done, as the opening of bank account, issuing a driving license, etc.

Using Aadhaar makes life easier. Be it verifying one’s income tax returns or registering for KYC (Know Your Customer), aadhaar makes the process, easier and swifter. Aadhar was also introduced for the purpose of bringing an end to the use of fake and multiple identity cards, which was prevalent in use in order to commit fraud, etc. Seeing the advantage aadhaar holds the Government of India linked it to over 50 schemes now, including some major ones like Pradhan Mantri Ujjwala Yojna.

Instance Of Loopholes In Aadhaar

When the Adhar Act, 2016 was introduced, several loopholes were pointed out which turned out to become major issues after former Indian Cricket Team’s captain, M.S. Dhoni’s personal information was leaked in the public domain. Not only this, several aadhaar-number leak cases were registered in the state of Jharkhand and in the state of Punjab as well.

Right To Privacy

In September 2017 the Supreme Court of India in its landmark judgement and the longest judgement of all time in the history of India, declared right to privacy as a fundamental right guaranteed under article 21 of the Constitution of India, which states that, ‘no person can be denied of his life and personal liberty except according to the procedure established by the law’. The retired judge of Karnataka High Court, K.S. Puttaswamy’s action changed the policy law regime for aadhaar.

Constitutionality Of The Aadhar Act

‘The Aadhaar Act was held to be constitutional to the extent it allowed for Aadhaar number-based authentication for establishing the identity of an individual for receipt of a subsidy, benefit or service given by the Central or State Government-funded from the Consolidated Fund of India. The apex court of India struck down the use of individual aadhaar numbers by any private body in compliance with the identity of the individual concerned for any purpose to a contract. This was on the basis that it contradicted the fundamental right to privacy. The Supreme Court also ruled on a number of laws, circulars and directions, which required the mandatory linking of Aadhaar for receiving relevant services.

Impact Of The Judgement

The decision made in this case has great legal and political significance. This judgement also provides an incentive that the government would now look into the data protection regime and digital privacy as a matter of concern. The apex court further held that aadhaar scheme is not unconstitutional and it does not violate the privacy of an individual.  We thus conclude that our privacy is now safe under the aadhaar scheme.


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

WhatsApp Emails Delhi HC Judge Asking Her Not To Hear the Plea Challenging New Privacy Policy

The Delhi High Court raised strong objection to an E-mail sent by WhatsApp asking a judge not to hear the plea which challenges its new privacy policy. Justice Pratibha Singh said that the e-mail that was withdrawn later was totally unwarranted as she was anyway going to recuse from hearing the plea which was filed by Rohilla Chaitanya who contends that the new privacy policy of WhatsApp provides 360-degree access to a customer’s virtual activity and is against the fundamental right of privacy.

TRP Scam Case: Bombay HC Extends Protection To Arnab Goswami and Other Employees Till the Next Hearing

On Friday, the Bombay High court extended the protection that was given, to Republic TV’s Editor in Chief Arnab Goswami and other employees of ARG Outlier Media Private Limited till January 29th in the alleged case of Television Rating Point manipulation. A status report was submitted by the police to the division bench of Justices S.S.Shinde and Manish Pitale by the Police on the ongoing case.

Plea Seeks FIR Against Maharashtra Minister Dhananjay Munde in Bombay HC for False Info

A plea has been filed in Bombay High Court seeking an FIR against Maharashtra minister Dhananjay Munde who is undergoing times of trouble due to his extra-marital affair. Recently, an FIR had been lodged against Munde by a woman, accusing him of raping her sister. Munde clarified that he was actually in a relationship with that woman and had two children. He accused the two women of blackmailing him.

Writ Petition for Compensation Accepted by Calcutta High Court 

Introduction The Petitioner Purna Ch. Biswas filed a Writ Petition with the complaint that their claims for a higher quantum of compensation have not yet...

No Members Could Be Disqualified Without Authorisation by Political Party: Gujarat High Court

Excerpt The dispute application no.7 of 2020 filed by respondent no.2 before designated authority. Thereafter the designated authority order dated 28.10.2020 disqualified the petitioner and...

Delhi High Court Directs Delhi Jal Board To Make Supply of Potable Drinking Water

The High Court of Delhi in the matter of Delhi Sainik Cooperation Housing Ltd. v. Union of India & Ors held that right to...

Punjab & Haryana High Court Orders Security To BJP Leader Alleged for Not Supporting Farmers Protest

The Order had come in the form of a Writ Petition filed by Tikshan Sood under Article 226 of the Constitution. The petition before...

Lahore High Court Outlaws Two-Finger Virginity Test

The Lahore High Court in Pakistan has outlawed the use and conduct of virginity tests, namely, the use of the “two-finger” virginity test and...

London Court Rejects Assange’s Extradition – What Happens Now? 

Earlier last week, District Judge Vanessa Baraitser, sitting in the Westminster Magistrates’ Court denied the Government of the U.S.A.'s request to the U.K. to...

Calcutta High Court Decides in Favor of Contractor as He Accidentally Pays an Excessively High Amount

Introduction The present writ petition has been filed for a writ in the nature of mandamus commanding the Respondents to revoke the Petitioner’s offer as...

More Articles Like This

- Advertisement -