Aadhaar Card Issues

Right to Privacy: The sweep from Aadhaar data to sexual identity

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Mains Paper 2: Governance | Welfare schemes for vulnerable sections of the population by the Centre and States and the performance of these schemes; mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

From UPSC perspective, the following things are important:

Prelims level: Particulars of the ruling

Mains level: Much awaited judgement. It will definitely have implications on many crucial matters.


Landmark Verdict

  1. Nine-judge Constitution Bench of the SC has ruled that individual privacy is a fundamental right
  2. Imapct of the verdict: The ruling will impact daily lives of the people since
  3. It will have implications for matters ranging from collection and sharing of personal data in Aadhar cards to the cases of homosexuality(possibly)
  4. The SC has overruled its earlier verdicts which held that right to privacy was not protected by the Constitution

Other important points from the judgement

  1. The orders(majority) made it clear that this right could not be absolute and would be “subject to the restrictions specified”
  2. Also, the judges rejected the government’s contention that privacy was already protected by various statutes, and that there was no need to elevate it to a fundamental right status

What about Aadhar, now?

  1. The judgment was limited to the issue of right to privacy
  2. The matter whether Aadhaar violates the right to privacy will be dealt with by the five-judge bench hearing the petitions since 2015
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