26/09/2018 11:33 AM IST | Updated 26/09/2018 12:22 PM IST

Pan Card, Bank Account, Mobile: Who Can, And Who Can't, Ask For Your Aadhaar Number?

The Supreme Court has decided that the Aadhaar is constitutionally valid. But with some limits on how people can use it.


When the Supreme Court read out its majority judgement on the Aadhaar today, Justice AK Sikri said that the Aadhaar is constitutional, but with some caveats. He has stated what all it can be used for, and who can't make an Aadhaar mandatory anymore.

Although the judgement is largely in favour of Aadhaar, it raises concerns about the misuse of Aadhaar, and Justice Sikri laid out the different ways in which Aadhaar can, and cannot be used. The judgement is one of three opinions, and more nuance is likely to develop, but this is the first look at the future of Aadhaar.

By striking down section 57 of the Aadhaar Act, the court has said that private companies cannot insist on the use of Aadhaar. This means that your phone company, your bank, or even the security companies that control access to your office buildings, cannot demand your Aadhaar card.

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The linking of PAN card to Aadhaar is now valid, so you'll need it to file your income taxes. However, the linking of your Aadhaar number to bank accounts is not required anymore, and the same goes for linking it to SIM cards.

Aadhaar is not mandatory for UGC, NEET and CBSE examinations. However, asking for Aadhaar for enrolment in schools is no longer allowed. What's more, the court said that no child shall be denied benefit of any scheme if their Aadhaar can't be produced. However, to apply for any government benefits, the enrolment can be done with the consent of parents, and the enrolment number can be asked for.

The court added, though, that enrolment of children can only be done with parental consent, and added that they should be given an option to exit on attaining majority.

By striking down the use of Aadhaar by private entities, it's possible that the ecosystem around Aadhaar payments and so forth will also be affected, although more clarity is awaited on this.

We are adding more entries to the list right now, and updating this article as more details come in.