It is better to be unique than the best because being the best makes you the number one, but being unique makes you the only one. – Justice A.K Sikri
The Judicial Activism of Supreme Court was witnessed once again when the Apex Court upheld the Aadhar as reasonable restriction on individual piracy which will help the government to function in a social welfare state. The court addressed the Aadhar as a “document of empowerment” and which is very difficult to be copied . The court applauded the state for bringing such kind of innovative technology transformation for good and better governance of the country. The biometric information which formed the component of Aadhar was held as no invasion on individual right of privacy. The linking of Aadhar with PAN was well accepted by the Supreme Court but the linkage with bank account and mobile SIM cards was not perceived as a welcome step. The court came to rescue of children of age group 6 to 14 by observing that Aadhar card is not necessary for them. The statutory bodies like UGC and CBSE have been cautioned against asking for Aadhar card from students who plan to appear in the examinations being conducted by UGC and CBSE.
Dissenting Opinion of Justice D.Y Chandrachud :
Justice DY chandrachud who alone expressed dissent on the issue had referred Aadhar as an attempt to reduce human personality to 12 digit number. The Hon’ble Judge raised his voice against the requirement of Aadhar for availing each and every government benefit it would be difficult to survive in India without Aadhar. The Justice opined that Aadhar is a silent attempt to make a surveillance of individual sensitive information and must be held unconstitutional. The Judge addressed mobile phone as personal information store of individual and even directed all the mobile service provider to delete all the data collected through Aadhar by linking it with mobile number.
The Final Position
The Apex court has upheld the validity of Aadhar with striking out certain provisions or features which were against the principles of Indian democracy and which could have been possible reasons of outcry of masses when it came to observing the mandates of Aadhar Act for public peace and tranquility.