Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
In addition to normal mode of service, dasti service, is permitted.
Operation of the impugned order shall remain stayed.
In the meanwhile, the present petitioner is restrained from transferring any biometric information
of any person who has been allotted the Aadhaar number to any other agency without his consent in
writing.
More so, no person shall be deprived of any service for want of Aadhaar number in case he/she is
otherwise eligible/entitled. All the authorities are directed to modify their forms/circulars/likes so
as to not compulsorily require the Aadhaar number in order to meet the requirement of the interim
order passed by this Court forthwith. Tag and list the matter with main matter i.e. WP (C) No. 494
of 2012.
21) Likewise, in Writ Petition (Civil) No. 1002 of 2017 titled Dr. Kalyan Menon Sen v. Union of India
and Others, where constitutional validity of linking bank accounts and mobile phones with Aadhaar
linkage was challenged, interim order was passed on November 03, 2017 extending the last date of
linking to December 31, 2017 and February 06, 2018 respectively. This order was extended
thereafter and continues to operate.
22) We would also like to refer to the order dated September 14, 2011 passed in Peoples Union for
Civil Liberties (PDS Matter) v. Union of India & Ors.2, wherein various directions were given to
ensure effective implementation of the PDS Scheme and in the process to also undertake the
exercise of eliminating the task and 2 (2011) 14 SCC 331 ghost ration cards. In the same manner,
vide order dated March 16, 2012 it was noted that the Government had set up a task force under the
Chairmanship of Mr. Nandan Nilekani to recommend, amongst others, an IT strategy for the PDS.
Mr. Nilekani was requested to suggest ways and means by which computerization process of the
PDS can be expedited. Computerisation of PDS system was directed to be prepared and in this hue
the process of computerisation with Aadhaar registration was also suggested.
In the same very case above, which also pertained to providing night shelters to homeless destitute
persons, some orders were passed on February 10, 2010 3 as well as on September 14, 20114.
23) Again, in the case of State of Kerala & Ors. v. President, Parent Teachers Association SNVUP
School and Ors. 5, where the Court was concerned with the problem of fake or bogus admissions, it
was felt that instead of involving the Police in schools to prevent fake admissions, more appropriate
method of verification would be Unique Identification (UID) card as means of verification.
Architecture of the Aadhaar Project and the Aadhaar Act: 3 (2010) 5 SC 318 4 (2010) 13 SCC 45 5
(2013) 2 SCC 705
24) Before adverting to the discussion on various issues that have been raised in these petitions, it
would be apposite to first understand the structure of the Aadhaar Act and how it operates, having
regard to various provisions contained therein. UIDAI was established in the year 2009 by an
administrative order i.e. by resolution of the Govt. of India, Planning Commission, vide notification
Indian Kanoon - http://indiankanoon.org/doc/127517806/
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