Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
empowers the Authority to make regulations consistent with the Act and Rules made thereunder, for
carrying out the provisions of the Act and, in particular, the matters mentioned in sub-section (2).
Such Rules and Regulations are to be laid before the Parliament, as provided in Section 55.
40) Section 57 provides that the Aadhaar Act would not prevent the use of Aadhaar number for
establishing the identity of an individual for any purpose and reads as under:
57. Act not to prevent use of Aadhaar number for other purposes under law. Nothing
contained in this Act shall prevent the use of Aadhaar number for establishing the
identity of an individual for any purpose, whether by the State or any body corporate
or person, pursuant to any law, for the time being in force, or any contract to this
effect:
Provided that the use of Aadhaar number under this section shall be subject to the
procedure and obligations under Section 8 and Chapter VI.
41) If any difficulty arises in giving effect to the provisions of the Act, the Central
Government is empowered to make provisions to remove those difficulties, provided
that such provisions are not inconsistent with the provisions of the Act. Section 59,
which is the last provision in the Act, is an attempt to save all the acts and actions of
the Central Government under Notification dated January 28, 2009 vide which the
Authority was established or the Department of Electronics and Information
Technology under the Cabinet Secretariat Notification dated September 12, 2015.
This provision is couched in the following language:
59. Savings. Anything done or any action taken by the Central Government under the
Resolution of the Government of India, Planning Commission bearing Notification
Number A-43011/02/2009-Admin. I, dated the 28th January, 2009, or by the
Department of Electronics and Information Technology under the Cabinet
Secretariat Notification bearing Notification Number S.O. 2492(E), dated the 12th
September, 2015, as the case may be, shall be deemed to have been validly done or
taken under this Act.
42) Regulations have been framed under the Act, namely, (1) The Aadhaar
(Enrolment and Update) Regulations, 2016; (2) The Aadhaar (Authentication)
Regulations, 2016; (3) The Aadhaar (Data Security) Regulations, 2016; and (4) The
Aadhaar (Sharing of Information) Regulations, 2016. The relevant provisions in these
Regulations are reproduced below:
The Aadhaar (Enrolment and Update) Regulations, 2016
4. Demographic information required for enrolment. (1) The following demographic
information shall be collected from all individuals undergoing enrolment (other than
children below five years of age):
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