Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
children, senior citizens, persons with disability, unskilled and unorganised workers,
nomadic tribes or to such other persons who do not have any permanent dwelling
house and such other categories of individuals as may be specified by regulations.
31) Section 6 enables the Authority to update demographic and biometric
information of the Aadhaar number holders from time to time.
32) Chapter III deals with authentication, which has generated the maximum debate in these
proceedings. Section 7 falling under this Chapter mandates that proof of Aadhaar number would be
necessary for receipt of certain subsidies, benefits and services etc. meaning thereby for availing
such subsidies, benefits and services, it would be necessary for the intended beneficiary to possess
Aadhaar number. In case of an individual to whom no Aadhaar number has been assigned, he/she
would be required to show that application for enrolment has been given. Where the Aadhaar
number is not assigned, proviso to Section 7 lays down that the individual shall be offered alternate
and viable means of identification for delivery of subsidy, benefit or service. Section 8 deals with
authentication of Aadhaar number and provides that on submission of request by any requesting
entity, the Authority shall perform authentication of Aadhaar number. This authentication is in
relation to biometric information or demographic information of an Aadhaar number holder. Before
collecting identity information for the purpose of authentication, the requesting entity is to obtain
consent of an individual and also to ensure that the identity information of that individual is only
used for submission to the Central Identities Data Repository (CIDR) for authentication. Sections 7
and 8 read as under:
7. Proof of Aadhaar number necessary for receipt of certain subsidies, benefits and
services, etc. The Central Government or, as the case may be, the State Government
may, for the purpose of establishing identity of an individual as a condition for
receipt of a subsidy, benefit or service for which the expenditure is incurred from, or
the receipt therefrom forms part of, the Consolidated Fund of India, require that such
individual undergo authentication, or furnish proof of possession of Aadhaar number
or in the case of an individual to whom no Aadhaar number has been assigned, such
individual makes an application for enrolment:
Provided that if an Aadhaar number is not assigned to an individual, the individual
shall be offered alternate and viable means of identification for delivery of the
subsidy, benefit or service.
8. Authentication of Aadhaar number. (1) The Authority shall perform authentication of the
Aadhaar number of an Aadhaar number holder submitted by any requesting entity, in relation to his
biometric information or demographic information, subject to such conditions and on payment of
such fees and in such manner as may be specified by regulations.
(2) A requesting entity shall
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