JUSTICE K. S. PUTTASWAMY (RETD.) versus UNION OF INDIA & ORS.

JUSTICE K. S. PUTTASWAMY (RETD.) versus UNION OF INDIA & ORS.

The Aadhaar Act, 2016 substantially meets the proportionality test for delivery of welfare benefits funded from the Consolidated Fund of India but certain provisions including Section 2(d), Section 33(2), and Section 57 fail constitutional muster for overbreadth, arbitrary state action, and threat to privacy. Aadhaar is not permissible as mandatory for school admissions or Sarva Shiksha Abhiyan, and children’s enrolment must permit opting out at majority. Section 59 fails as a valid retrospective validation law. Mandatory linking of Aadhaar with PAN cards, bank accounts, and mobile SIM is unconstitutional. Data cannot be used for any other purpose nor commercial exploitation. Existing...

Parties
Petitioner: JUSTICE K. S. PUTTASWAMY (RETD.); Respondent: UNION OF INDIA
Jurisdiction
India
Judgment Date
26 September 2018
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Petitions disposed of; certain sections declared unconstitutional; other provisions upheld with modifications
Legal Topics
Aadhaar Act, Right to Privacy, Fundamental Rights, Proportionality, Social Welfare Schemes
Constitutional Law Privacy Law Administrative Law Aadhaar Act Right to Privacy Fundamental Rights Proportionality Social Welfare Schemes

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Parties

JUSTICE K. S. PUTTASWAMY (RETD.)

Petitioner

UNION OF INDIA

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether the Aadhaar Act, 2016 violates the right to privacy and is unconstitutional on this ground
  2. 2 Whether the invasion into the right to privacy meets the three fold test as laid down in Puttaswamy case
  3. 3 Whether Aadhaar creates a surveillance state

Ratio Decidendi

The Aadhaar Act, 2016 substantially meets the proportionality test for delivery of welfare benefits funded from the Consolidated Fund of India but certain provisions including Section 2(d), Section 33(2), and Section 57 fail constitutional muster for overbreadth, arbitrary state action, and threat to privacy. Aadhaar is not permissible as mandatory for school admissions or Sarva Shiksha Abhiyan, and children’s enrolment must permit opting out at majority. Section 59 fails as a valid retrospective validation law. Mandatory linking of Aadhaar with PAN cards, bank accounts, and mobile SIM is unconstitutional. Data cannot be used for any other purpose nor commercial exploitation. Existing...

Court Disposition

Petitions disposed of; certain sections declared unconstitutional; other provisions upheld with modifications

Orders

  • Section 2(d) struck down insofar as it includes metadata
  • Section 33(2) struck down power to Joint Secretary; must be higher officer and ideally a Judicial Officer