Thereafter, on 228Annexure R 46, Volume II, List of Pre enactment dates and events for the Aadhaar project, Submissions by the AG PART F 11 April 2011, the Central Government numberified the Information Technology Reasonable security practices and procedures and sensitive personal data or information Rules, 2011 IT Rules under Section 43A of the IT Act, 2000.
The applicants, S and Marper had submitted two applications against the United Kingdom, Great Britain and Northern Ireland under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms the Convention .
They will also be free to print store the biometric companylected from the applicant on the issued card.
xx xx xx Restrictions on sharing, circulating or publishing of Aadhaar number.
After mentioning the reasons recorded above, Statement of Objects and Reasons for introducing the Bill also highlight the salient features thereof in the following manner The Aadhaar Targeted Delivery of Financial and Other Subsidies, Benefits and Services Bill, 2016, inter alia, seeks to provide for a issue of Aadhaar numbers to individuals on providing his demographic and biometric information to the Unique Identification Authority of India b requiring Aadhaar numbers for identifying an individual for delivery of benefits, subsidies, and services the expenditure is incurred from or the receipt therefrom forms part of the Consolidated Fund of India Writ Petition Civil No.
534 Ibid, at page 283 PART H 280 A public interest litigation was filed before this Court under Article 32 in Lokniti Foundation v Union of India535.
On 13 February 2011, the one millionth Aadhaar card was delivered.
674/2014 in WP No.
The following interim directions were issued Having companysidered the matter, we are of the view that the balance of interest would be best served, till the matter is finally decided by a larger Bench if the Union of India or the UIDAI proceed in the following manner The Union of India shall give wide publicity in the electronic and print media including radio and television networks that it is number mandatory for a citizen to obtain an Aadhaar card The production of an Aadhaar card will number be companydition for obtaining any benefits otherwise due to a citizen The Unique Identification Number or the Aadhaar card will number be used by the respondents for any purpose other than the PDS Scheme and in particular for the purpose of distribution of foodgrains, etc.
All TSPs shall be directed by the Union government and by TRAI to forthwith delete the biometric data and Aadhaar details of all subscribers PART I within two weeks.
Writ Petition Civil No.
As against 5.6 Writ Petition Civil No.
Group three companysists of only one Special Leave Petition Criminal No.
The Aadhaar Sharing of Information Regulations, 2016.
Was filed challenging the Act, 2016.
C NO 444 OF 2016 CONMT.
xx xx xx Storage and Maintenance of Authentication Transaction Data.
All the enrolment packets received by UIDAI accepted rejected are archived in the CIDR irrespective of its status.
Based on the mode of authentication request, the CIDR shall validate the input parameters against the data stored therein and return a digitally signed Yes or No authentication response, or a digitally signed e KYC authentication response with encrypted e KYC data, as the case may be, along with other technical details related to the authentication transaction.
The necessity of a senate is number less indicated by the propensity of all single and numerous assemblies to yield to the impulse of sudden and violent passions, and to be seduced by factious leaders into intemperate and pernicious resolutions Third.
If more registrars store such biometric information in a single card format, the cards will become interoperable for offline verification.
C NO 608 OF 2016 W P C NO 797 OF 2016 CONMT.
xx xx xx Process of sending authentication requests.
India is a companyntry, which caters a sea of population.
Sharing of information by the Authority.
This Court had passed order in few transfer petitions allowing the same and issued certain directions, rest of transfer petitions are also allowed.
In Iacobucci, an ordinance which required employees of liquor selling establishments which permitted nude dancing, to be fingerprinted and photographed by the police department, was held 416 306 F. Supp.
494 of 2012 companynected matters Page 21 of 567 Order dated September 14, 2016 in WP C No.
The Citizenship Act, 1955 was enacted by the Parliament for the acquisition and determination of Indian Citizenship.
2.85 lakh companypanies have shown profit before tax of less than Rs 1 crore.
The Department of Telecommunications DoT , in the companyrse of the proceedings, filed its instructions stating its position in regard to the verification of prepaid and postpaid mobile subscribers.
The Writ Petition Civil No.
C No.470/2015 In W.P. C No.494/2012 PILW , W.P. C No.231/2016 PILW , CONMT.
A requesting entity shall a unless otherwise provided in this Act, obtain the companysent of an individual before companylecting his identity information for the purposes of authentication in such manner as may be specified by regulations and b ensure that the identity information of an individual is only used for submission to the Central Identities Data Repository for authentication.
xx xx xx Capturing of biometric information by requesting entity.
A companye group was set up to advice and further the work related to UIDAI.
Respondent Commissioner of the Department thereafter discontinued their ADC and food stamp entitlements for failure to companyply.
There were many fakes and frauds in the earlier systems and several reports have Writ Petition Civil No.
The Aadhaar card may also be used for the purpose of the LPG Distribution Scheme The information about an individual obtained by the Unique Identification Authority of India while issuing an Aadhaar card shall number be used for any other purpose, save as above, except as may be directed by a Court for the purpose of criminal investigation.
Existing subscribers were directed to be verified in a similar manner within one year.
In December 2010, UIDAI came out with a report on enrolment process known as UID Enrolment Proof of Concept Report studying enrolment proof of concept in three rural areas of Karnataka, Bihar and Andhra Pradesh published by the UIDAI.
494 of 2012 companynected matters Page 43 of 567 provided by the requesting entity which is mapped to Aadhaar number and necessary demographic and or biometric information and or OTP from the Aadhaar number holder, the client application shall immediately package and encrypt these input parameters into PID block before any transmission, as per the specifications laid down by the Authority, and shall send it to server of the requesting entity using secure protocols as may be laid down by the Authority for this purpose.
xx xx xx Security obligations of service providers, etc.
This number wold serve as proof of identity and companyld be used for identification of beneficiaries for transfer of benefits, subsidies, services and other purposes.
On the first anniversary of Aadhaar launch, which fell on September 29, 2011, announcement was made that 10 crores enrolments and generation of more than 3.75 crores of Aadhaar had taken place.
Writ Petition No.
While allotment of multiple PANs to one person has the risk of diversion of income of person into several PANs resulting in evasion of tax, the allotment of same PAN to multiple persons results in wrong aggregation and assessment of incomes of several persons as one taxable entity represented by single PAN.
Writ Petition Civil No.
District Magistrate, SubDivisional Magistrate, District Supply Officer to ensure the proper supply and distribution of such companymodities.
As per the petitioners, having established the infringement of Article 21, the invasion is number justified under the principle of proportionality.
C No.34/2018 in W.P. C No.1014/2017 PILW J U D G M E N T ASHOK BHUSHAN, J. The challenge in this batch of cases can be divided in two parts, firstly, the challenge to Executives Scheme dated 28.01.2009 numberified by the Government of India, by which the Unique Identification Authority of India hereinafter referred to as UIDAI was companystituted to implement the UIDAI Scheme, and secondly challenge to The Aadhaar Targeted Delivery of Financial and Other Subsidies, Benefits and Services Act, 2016 hereinafter referred to as Act, 2016 .
Based on the mode of authentication requested, the CIDR validates the input parameters against the data stored and returns a digitally signed Yes or No authentication response, or a digitally signed e KYC authentication response with encrypted e KYC data, as the PART H case may be, along with other technical details related to the authentication transaction.
and companyking fuel, such as kerosene.
Writ Petition Civil No.
There is an oversight by Technology and Architecture Review Board TARB and Security Review Committee.
In view thereof numberice be issued to all the States and Union Territories through standing companynsel Interim order to companytinue, in the meantime.
Writ Petition Civil No.
494 of 2012 companynected matters Page 33 of 567 requesting entity, in relation to his biometric information or demographic information, subject to such companyditions and on payment of such fees and in such manner as may be specified by regulations.
It merely utilizes a matching algorithm for the purpose of authentication Metadata companytemplated is process or technical metadata and does number reveal anything about the individual.
It was during the period that abolition of slavery became an important political agenda.
In case an enrolment is rejected either for a duplicate enrolment and b other technical reason under Regulation 14 of the Aadhaar Enrolment Regulations, what happens to the data packet that companytains the stored biometric and demographic information?
A requesting entity shall inform, in such manner as may be specified by regulations, the individual submitting his identity information for authentication, the following details with respect to authentication, namely a the nature of information that may be shared upon authentication b the uses to which the information received during authentication may be put by the requesting entity and c alternatives to submission of identity information to the requesting entity.
DIPAK MISRA J. K. SIKRI J. M. KHANWILKAR NEW DELHI SEPTEMBER 26, 2018.
494/2012 594The interim order was in WP Civil No.
829 of 2013 and Writ Petition C No.
This order was extended thereafter and companytinues to operate.
494 of 2012 companynected matters Page 567 of 567 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION CIVIL NO 494 OF 2012 JUSTICE K S PUTTASWAMY RETD ANR PETITIONERS Versus UNION OF INDIA ORS RESPONDENTS WITH T C C NO 151 OF 2013 T C C NO 152 OF 2013 W P C NO 833 OF 2013 W P C NO 829 OF 2013 T P C NO 1797 OF 2013 W P C NO 932 OF 2013 T P C NO 1796 OF 2013 CONMT.
The petition was disposed of since the prayers were substantially dealt with and the companyrt perceived that an effective process had been adopted to ensure identity verification together with verification of addresses.
After the establishment of the Authority, vide the aforesaid numberification, it started enrolling the residents of this companyntry under the UIS.
The matter was addressed in the Seventeenth Finance Commission Report also which was tabled in the Parliament on February 25, 2010.
1 The Authority shall perform authentication of the Aadhaar number of an Aadhaar number holder submitted by any Writ Petition Civil No.
The Authority will also partner with service providers for authentication.
On 9 April 2010, the companylection of iris biometrics for the NPR exercise was approved.226 138 A strategy overview issued by UIDAI in April 2010 described the features, benefits, revenue model and timelines of the project.227 The survey 226 Annexure R 43, Volume II, List of Pre enactment dates and events for the Aadhaar project, Submissions by the AG 227 UIDAI, UIDAI Strategy Overview, available at http www.prsindia.org uploads media UID UIDAI20STRATEGY20OVERVIEW.pdf.
37 of 2015 came to be filed challenging the UID Scheme.
As recombinant elements, they create as it were, new genetic material.
For optimum results in capturing of biometric information, a requesting entity shall adopt the processes as may be specified by the Authority from time to time for this purpose.
As per Regulation 3 of Authentication Regulations, UIDAI provides two types of authentication facilities, Writ Petition Civil No.
In the near future, and more particularly, within one year from today, a similar verification will be companypleted, in the case of existing subscribers.
494 of 2012 companynected matters Page 219 of 567 architecture of the project companyprises a Central Identities Data Repository which stores and maintains authentication transaction data.
Before we companye to the different prayers made in the Writ Petitions wherein Executive Scheme dated 28.01.2009 as well as Act, 2016 has been challenged, it is useful to numberice certain background facts, which lead to issuance of numberification dated 28.01.2009 as well as the Act, 2016.
C NO 144 OF 2014 T P C NO 313 OF 2014 T P C NO 312 OF 2014 SLP CRL NO 2524 OF 2014 W P C NO 37 OF 2015 W P C NO 220 OF 2015 CONMT.
Union of India Anr.
The EGoM was also empowered to look into the methodology and specific milestones for early and effective companypletion of projects and to take a final view on these projects.
The stand taken by the respondents, inter alia, was that Writ Petition Civil No.
After the Aadhaar Act was enacted there was a challenge in All Bengal Minority Students Council v Union of India596, to a letter written to the Chief Secretaries Administrators of all State Governments Union territory Administrations by the Under Secretary to the Government of India, by which the requirement of the submission of Aadhaar for claiming benefits under a scheme was made mandatory.
sic This was followed by an order dated 26 November 2013 where the earlier order was companytinued After hearing the matter at length, we are of the view that all the States and Union Territories have to be impleaded as respondents to give effective directions.
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION CIVIL NO.
The rationale behind the inclusion of iris biometrics and the need for capturing iris scans at the time of capturing biometric details was also explained.
932 of 2013 and Writ Petition C No.
The agencies, companysultants, advisors and other service providers engaged by the Authority for discharging any function relating to its processes shall a ensure companypliance with the information security policy specified by the Authority b periodically report companypliance with the information security policy and companytractual requirements, as required by the Authority c report promptly to the Authority any security incidents affecting the companyfidentiality, integrity and availability of information related to the Authoritys functions d ensure that records related to the Authority shall be protected from loss, destruction, falsification, unauthorised access and unauthorised release e ensure companyfidentiality obligations are maintained during the term and on termination of the agreement f ensure that appropriate security and companyfidentiality obligations are provided for in their agreements with their employees and staff members g ensure that the employees having physical access to CIDR data centers and logical access to CIDR data centers undergo necessary background checks h define the security perimeters holding sensitive information, and ensure only authorised individuals are allowed access to such areas to prevent any data leakage or misuse and Writ Petition Civil No.
CIDR being a companyputer resource is numberified to be a Protected System under Section 70 of the IT Act by the Central Government on December 11, 2015.
1058 of 2017 Mathew Thomas Vs.
It included freedom from fear and want as amongst the highest aspirations of the companymon people.
Which is the best mode of delivery of SIM cards to provide due verification of identity and address of a subscriber?
Above all, there is an oversight by Technology and Architecture Review Board TARB and Security Review Committee.
The Process Committee furnished a detailed proposal to the Planning Commission in the above regard.
The need for UID authority to be created by an executive order under the aegis of the Planning Commission was appreciated in order to ensure pan departmental and neutral identity for the authority.
C NO 844 OF 2017 W P C NO 342 OF 2017 W P C NO 372 OF 2017 W P C NO 841 OF 2017 W P C NO 1058 OF 2017 W P C NO 966 OF 2017 W P C NO 1014 OF 2017 W P C NO 1002 OF 2017 W P C NO 1056 OF 2017 AND WITH CONMT.
A Process Committee was companystituted, which prepared a strategic vision on the Unique Identification Project.
In March 2012, Fingerprint Authentication Report was submitted to UIDAI.
Writ Petition Civil NO.
The Aadhaar Authentication Regulations, 2016 Types of Authentication.
This appeal is directed against the order dated 27 8 2012 passed by the Division Bench of the High Court of Judicature of Allahabad in Mukul Upadhyay v. N.K. Mehrotra Civil Misc.
The writ petitioners claimed lots of reliefs from a to w, it is useful to quote the reliefs a to d, which are to the following effect Issue a Writ, order or direction in the nature of Certiorari or any other appropriate writ order direction declaring that the Aadhaar Targeted Delivery of Financial and Other Subsidies, Benefits and Services Act, 2016 is ultra vires, unconstitutional, null and void and in particular violate Articles 14, 19 and 21 of the Constitution of India Issue a Writ, order or direction in the nature of Certiorari or any other appropriate writ order direction declaring that sections 2 h , 2 l , 2 m , 2 v , 3, 5, 6, 7, 8, 9, 10, Chapter IV, Section 23 read with Section 54, Section 29, Section 30, Section 33, Section 47, Section 57 and Section 59 of the Aadhaar Targeted Delivery of Financial and Other Subsidies, Benefits and Services Act, 2016 are ultra vires, unconstitutional, null and void and in particular violate Articles 14, 19, 20 3 and 21 of the Constitution of India Issue a Writ, order or direction in the nature of Certiorari or any other appropriate writ order direction declaring that the right to privacy is a fundamental right guaranteed under Part III of the Constitution of India Issue a Writ, order or direction in the nature of Certiorari or any other appropriate writ order direction declaring that numberperson may be deprived of receiving any financial subsidy or other subsidy or benefit or services from the State on the ground that he or she does number have an Aadhaar number Writ Petition C No.
Writ Petition C No.
A 43011/02/2009 Admn.
H.7 Linking of SIM cards and Aadhaar numbers 279 In Avishek Goenka v Union of India533, a three judge Bench of this Court dealt with a public interest litigation seeking to highlight the number observance of numberms, regulations and guidelines relating to subscriber verification by Telecom Service Providers TSPs .
PART F outlined that UIDAI would companylect the following demographic and biometric information from residents in order to issue a UID number Name Date of birth Gender Fathers Husbands Guardians name and UID number optional for adult residents Mothers Wifes Guardians name and UID number optional for adult residents Introducers name and UID number in case of lack of documents Address All ten fingerprints, photograph and both iris scans On 12 May 2010, a numbere outlining the background of UIDAI, and proposing an approach for companylection of demographic and biometric attributes of residents for the UID project was submitted to the Cabinet Committee on UIDAI.
1 A requesting entity shall maintain logs of the authentication transactions processed by it, companytaining the following transaction details, namely a the Aadhaar number against which authentication is sought b specified parameters of authentication request submitted Writ Petition Civil No.
Zila Parishad, Ghaziabad filed a Writ Petition in the High Court challenging the Order dated 13.01.2000 by which the power was withdrawn from the Gram Panchayats.
Of the 76 lakh individual assessees who declare income above Rs 5 lakhs, 56 lakhs are in the salaried class.
For Verification based on Documents, the verifier present at the Enrolment Centre will verify the documents.
All the authorities are directed to modify their forms circulars likes so as to number companypulsorily 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.494/2012.
Thereafter, in its fifth meeting held on April 27, 2007, it was decided that the evolution of UID database would be in three stages in principle.
Second group companysists of seven Transfer Cases Transfer petitions to be heard alongwith Writ Petitions filed under Article 32.
By an order dated 17.05.1951 appellant undertaking was acquired and possession was directed to be taken.
Petitioner filed the writ petition seeking a mandamus directing the respondents number to companypel the petitioner to submit the Aadhaar Card companyy.
Not only this, use of aforesaid facilities on net or any portal like Apple, Google, Facebook etc.
The petitioners have relied on European Court, Human Rights in S. and Marper vs. The United Kingdom, 2008 48 EHRR 50.
It was decided that a detailed proposal based on the resource model be presented to the Committee for its in principle approval.
Based on this architecture it is possible for the State to track down the location of the person seeking authentication.
Due to prevalence of companymon names and large number of PAN holders, the demographic way of de duplication is number foolproof.
S.G. Vombatkere and Bezwada Wilson filed another Writ Petition C No.
1014 of 2017 has been filed against the respondent companytemnors for wilfully disobeying the order dated 03.11.2017 passed by this Court in the aforesaid writ petition.
The matter on this aspect was heard by a three Judge Bench and after hearing the parties, the Bench deemed it appropriate to make the reference to the Constitution Bench.
By amendments made in the year 2013 by Act 2 of 2013, the Legislature has attempted to keep the pace with the other companyntries of the world by making more stringent provision to prevent money laundering which is the root as well as the result of the black money economy.
The Aadhaar card may also be used for the purpose of LPG Distribution Scheme.
This Report showcased the high accuracy Writ Petition Civil No.
According to the petitioners, the Authority has the following information according to the document on technical specification of Aadhaar registered devices published by the Authority in February 2017 Aadhaar number, name of Aadhaar holder, whether authentication failed or was successful, reason for such failure, requesting entities Internet Protocol IP address, date and time of authentication, device ID and its unique ID of authentication device which can be used to locate the individual.
They will be free to add any more information related to their services such as Customer ID by bank .
28,667 companypanies have shown profit between Rs 1 crore to Rs 10 crores, and only 7781 companypanies have profit before tax of more than Rs 10 crores.
C NO 674 OF 2015 in W P C NO 829 OF 2013 T P C NO 921 OF 2015 CONMT.
Consequent to the companystitution of UIDAI, allocation of Rs.147.31 crores for Phase I of Aadhaar enrolments was approved by the Finance Minister on the recommendation of the Standing Committee on Finance.
Upon expiry of the period specified in sub regulation 2 , the logs shall be archived for a period of five years or the number of years as required by the laws or regulations governing the entity, whichever is later, and upon expiry of the said period, the logs shall be deleted except those records required to be retained by a companyrt or required to be retained for any pending disputes.
As against estimated 4.2 crore persons engaged in organised sector employment, the number of individuals filing return for salary income are only 1.74 crores.
This may be fingerprints based or iris based authentication or other biometric modalities based on biometric information stored in the CIDR.
220 of 2015.
The Act has long Preamble entire of which needs to be numbered, which is as follows An Act to prevent moneylaundering and to provide for companyfiscation of property derived from, or involved in, moneylaundering and for matters companynected therewith or incidental thereto.
Order dated October 15, 2015 Constitution Bench After hearing the learned Attorney General for India and other learned senior companynsels, we are of the view that in paragraph 3 of the order dated 11.08.2015, if we add, apart from the other two Schemes, namely, P.D.S. Scheme and P.G. Distribution Scheme, the Schemes like The Mahatma Gandhi National Social Assistance Programme Old Age Pensions, Widow Pensions, Disability Pensions , Prime Ministers Jan Dhan Yojana PMJDY and Employees Provident Fund Organisation EPFO for the present, it would number dilute earlier order passed by this Court.
pending in the High Court of Hyderabad.
Many of them have numberready answers.
An interim order dated 23.09.2013 was passed in Writ Petition C No.494 of 2012 which is to the following effect Issue numberice in W.P. C No.
The returns filled in 2008 09 and 2009 10 were 326.5 lakhs and 340.9 lakhs respectively.
C NO 470 OF 2015 W P C NO 231 OF 2016 CONMT.
1.95 crores show income between Rs 2.5 to Rs 5 lakhs, 52 lakhs show income between Rs 5 to Rs 10 lakhs and only 24 lakh people show income above Rs 10 lakhs.
Slavery was companysidered as an affront to human dignity.
C No.444/2016 In P. C No.494/2012 PILW , CONMT.
The Authority shall monitor companypliance with the information security policy and other security requirements through internal audits or through independent agencies.
During the twentieth century, they were investigated by caseworkers, treated like criminals on trial.
A requesting entity shall ensure that encryption of PID Block takes place at the time of capture on the authentication device as per the processes and specifications laid down by the Authority.
The gap between PANs and the number of returns filed was 617.1 lakhs in 2009 10.
By an order dated 14 September 2016, a two judge Bench directed as follows we stay the operation and implementation of letters dated 14.07.2006 i.e. Annexure P 5, P 6 and P 7 for Pre Matric Scholarship Scheme, Post Matric Scholarship Scheme and Merit cum Means Scholarship Scheme to the extent they have made submission of Aadhaar mandatory and direct the Ministry of Electronics and Information Technology, Government of India i.e. Respondent No.2 to remove Aadhaar number as a mandatory companydition for student Registration form at the National Scholarship Portal of Ministry of Electronics and Information Technology, Government of India at the website http scholarships.gov.in newStudentRegFrm and stay the implementation of clause c of the Important Instructions of the advertisement dated 20.08.2016 for the Pre Matric Scholarship Scheme, Post Matric Scholarship Scheme and Merit cum Means Scholarship Scheme, during the pendency of this writ petition.
Apart from seeking a direction to declare the Act, 2016 ultra vires, unconstitutional and null and void, prayers for declaring various Sections of Act, 2016 as ultra vires, unconstitutional and null and void were also made.
2524 of 2014 challenging the said order with the submission that such a direction for giving biometric information was companytrary to the provisions of the Aadhaar Act and the Authority was number supposed to give such an information, which was companyfidential.
The procedure at the stage of enrolment and authentication enables the enrolling agency as well as the requesting entity to capture, store and misuse use the biometric as well as demographic information without the UIDAI having any companytrol Writ Petition Civil No.
The proposal for creation of Central and State UIDs was approved.
The multi modal enrolment was adequate to carry out de duplication on a much larger scale, with reasonable expectations of extending it to all residents of India.
The requesting entity shall number share the authentication logs with any person other than the companycerned Aadhaar number holder upon his request or for grievance redressal and resolution of disputes or with the Authority for audit purposes.
If the Registrar issues a card to the resident, the UIDAI will recommend that the card companytain the UID number, name and photograph.
494 of 2012 companynected matters Page 9 of 567 The numbering format of 11 digits was approved.
1 An authentication request shall be entertained by the Authority only upon a request sent by a requesting entity electronically in accordance with these regulations and companyforming to the specifications laid down by the Authority.
There is an oversight by Technology and Architecture Review Board TARB and Security Review Committee.
An announcement was made of the generation of ten crore enrolments and of more than 3.75 crore Aadhaar numbers.
C No.844/2017 In P. C No.494/2012 PILW , W.P. C No.342/2017 PIL W , W.P. C No.372/2017, W.P. C No.841/2017, W.P. C No.1058/2017 PILW , W.P. C No.966/2017 PILW , P. C No.
Union of India Ors.,
494 of 2012 companynected matters Page 220 of 567 Authentication of Aadhaar number enables tracking, tagging and profiling of individuals as the IP Address of the authentication device gives an idea of its geographical location determinable within the range of 2 kilometres , companyntry, city, region, pin companye zip companye .
1 The Authority shall store and maintain authentication transaction data, which shall companytain the following information a authentication request data received including PID block Writ Petition Civil No.
The Madras Legislature had passed an Act, the Madras Electricity Supply Undertakings Acquisition Act, 1949 for supply of electricity in the province of Madras.
1002 of 2017 titled Dr. Kalyan Menon Sen v. Union of India and Others, where companystitutional 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.
On June 11, 2007, at the final stage of the project, a presentation on the UID project was made to the then Prime Minister by the Cabinet Secretary.
There were studies from time to time on the effectiveness of the enrolment process.
Whether delivery of SIM cards may be made by post?
C No.674/2015 In W.P. C No.829/2013 PILW , T.P. C No.921/2015, CONMT.
Demo Official letter dated February 25, 2009, was sent by the Secretary, Planning Commission to all Chief Secretaries of 35 States Union Territories apprising them of their roles and responsibilities of the States Union Territories in implementation of UIDAI, such as appointment of the State UT UID Commissioners, logistics support and companyrdination with various departments and State units.
Many instances are found where multiple PANs have been allotted to one person or one PAN has been allotted to multiple persons despite the application of abovementioned de duplication process.
Various meetings on the Unique Identification hereinafter referred to as UID project were held from time to time.
The sixth meeting of the UID project was held on June 15, 2007.
The authentication logs shall number be used for any purpose other than stated in this sub regulation.
This Report based on an empirical study of 5833 residents demonstrated iris authentication to be viable in Indian companytext.
The following demographic information shall be companylected from all individuals undergoing enrolment other than children below five years of age Name Date of Birth Gender Residential Address.
One Transfer Petition has also been filed by Union of India for transferring Writ Petition C No.
This Board and Committee companysists of very high profiled officers.
A series of meetings took place thereafter to work out the modalities of the programme.
The applicants companyplained that the authorities had companytinued to retain their fingerprints and cellular samples and DNA profiles after the criminal proceedings against them had ended with an acquittal or had been discontinued.
The Committee further decided that linkage with major partner databases such as Household Survey of RD and the individual State Public Distribution System PDS databases should be taken up in a phased manner.
Breaches of penalty are made Writ Petition Civil No.
Only in an unlikely scenario where both iris and fingerprint cannot be used for authentication, the mobile number is one of the methods for authentication.
The Prime Minister approved the companystitution of an empowered Group of Ministers to companylate the two spheres, the national population register under the Citizenship Act, 1955 and the Unique Identification Number Project of the Department of Information Technology.
q inclusion of security and companyfidentiality obligations in the agreements or arrangements with the agencies, companysultants, advisors or other persons engaged by the Authority.
494 of 2012.
Authentication may be carried out through the following modes Demographic authentication The Aadhaar number and demographic information of the Aadhaar number holder obtained from the Aadhaar number holder is matched with the demographic information of the Aadhaar number holder in the CIDR.
By September 2010 enrolment process of Aadhaar began with the nationwide launch of the Aadhaar project.
494 of 2012 was filed in which show cause numberice dated November 30, 2012 was issued by this Court.
Further, as per Regulation 14 i of the Authentication Regulations, RE shall implement exception handling mechanisms and backup identity authentication mechanisms to ensure seamless provision of authentication services to Aadhaar number holders.
Out of seven, five companytempt petitions have been filed alleging violation of the aforesaid interim orders and praying for issuing proceedings against the respondents companytemnor for willful disobeying the interim orders.
With current level of device readiness for Writ Petition Civil No.
There shall be two types of authentication facilities provided by the Authority, namely Yes No authentication facility, which may be carried out using any of the modes specified in regulation 4 2 and e KYC authentication facility, which may be carried out only using OTP and or biometric authentication modes as specified in regulation 4 2 .
841 of 2017 has also been filed by State of West Bengal challenging various numberifications issued under Section 7 of the Act, 2016.
The Committee, inter alia, took the following decisions Writ Petition Civil No.
The Aadhaar number holder shall provide this OTP along with his Aadhaar number during authentication and the same shall be matched with the OTP generated by the Authority.
Fourth group companysists of seven Contempt Petitions, which have been filed alleging violation of the interim orders passed by this Court in Writ Petitions and SLP Criminal as numbered above.
494 of 2012 companynected matters Page 15 of 567 Going by the recommendation of the Chairman of UIDAI for providing legislative framework to UIDAI, a Bill was introduced in the Rajya Sabha on December 03, 2010 known as National Identification Authority of India Bill, 2010.
The Writ Petition was allowed by the High Court against which State of Uttar Pradesh filed an appeal.
The data companylected and stored lacks integrity.
494 of 2012 PART K under the law and it should number be given to any illegal immigrant.
This Overview describes the features, benefits, revenue model and timelines of the UIDAI project.
494 of 2012 companynected matters Page 45 of 567 b authentication response data sent c meta data related to the transaction d any authentication server side companyfigurations as necessary Provided that the Authority shall number, in any case, store the purpose of authentication.
The production of an Aadhaar card will number be companydition for obtaining any benefits otherwise due to a citizen.
The biometric authentication system works on a probabilistic model.
Over 2,50,000 fingerprint images from 25,000 persons were sourced from the districts of Delhi, UP, Bihar and Orissa.
It is number necessary to numberice various issues in the pending different writ petitions, which were sought to be transferred by above transfer petitions transfer cases.
Since the requesting entity is also identified, the activity that the citizen is engaging in is also known.
Part of the reason for these challenges is that our law evolved in a radically different age and time.
A little earlier in 1798, Friedrich Schiller, a German poet of freedom and philosophy, brought out the companynection between dignity and social companydition in his work Wurde des Menschen.
494 of 2012 companynected matters Page 67 of 567 duplication system as having matching biometrics to an existing Aadhaar number holder.
After validation, the server of a requesting entity shall pass the authentication request to the CIDR, through the server of the Authentication Service Agency as per the specifications laid down by the Authority.
By making Aadhaar companypulsory for other activities such as air travel, rail travel, directorship in companypanies, services and benefits extended by State governments and municipal companyporations etc.
In the fourth meeting held on December 22, 2006, various aspects of proposed data elements and their formats were discussed.
and companyking fuel, such as kerosene.
Seven Contempt Petitions have been filed.
But the UIDAI will number insist on, audit or enforce this.244 Emphasis supplied 143 In the Aadhaar Handbook for Registrars 2010 2010 Handbook , following policy guidelines were laid down in respect of Registrars Registrars may retain the biometric data companylected from residents enrolled by them.
The server of the ASA has to perform basic companypliance and companypleteness checks on the authentication data packet before forwarding it to the CIDR.
494 of 2012 companynected matters Page 195 of 567 when you have companyered his nakedness, dignity will follow by itself.
494 of 2012 companynected matters Page 20 of 567 The Union of India shall give wide publicity in the electronic and print media including radio and television networks that it is number mandatory for a citizen to obtain an Aadhaar card.
Counter affidavit thereto was filed by the Union of India as well as UIDAI.
By April 2010, UIDAI came out with its Strategy Overview.
372 of 2017 Shankar Prasad Dangi Vs.
Election Commission of India had taken steps to provide for an identity card to each person to enable him to exercise his franchise.
On 15 October 2015, a Constitution Bench of this Court partially modified the order dated 11 August 2015, thus 3we are of the view that in paragraph 3 of the Order dated 11.08.2015, if we add, apart from the other two Schemes, namely, P.D.S. Scheme and the L.P.G. Distribution Scheme, the Schemes like The Mahatma Gandhi National Rural Employment Guarantee Scheme MGNREGS , National Social Assistance Programme Old Age Pensions, Widow Pensions, Disability Pensions , Prime Ministers Jan Dhan Yojana PMJDY and Employees Provident Fund Organisation EPFO for the present, it would number dilute earlier order passed by this Court.
In all modes of authentication, the Aadhaar number is mandatory and is submitted along with the input parameters specified in sub regulation 1 above such that authentication is always reduced to a 11 match.
The Unique Identification Number or the Aadhaar card will number be used by the respondents for any purpose other than the PDS Scheme and in particular for the purpose of distribution of food grains, etc.
This figure merely pertains to the number of applications which have been identified by the Aadhaar de Writ Petition Civil No.
In principle, approval of proposed sequence for phasing plan was granted.
Apart from seeking a direction to declare various Sections of Act, 2016 as null and void, writ petitioners also prayed for a direction declaring Sections 2 h , 2 l , 2 m , 2 v , 3, 5, 6, 7, 8, 9, 10, Chapter IV, Section 23 read with Section 54, Section 29, Section 30, Section 33, Section 47, Section 57 and Section 59 of the Act, 2016 as ultra vires, unconstitutional and null and void.
494 of 2012 companynected matters Page 44 of 567 c specified parameters received as authentication response d the record of disclosure of information to the Aadhaar number holder at the time of authentication and e record of companysent of the Aadhaar number holder for authentication, but shall number, in any event, retain the PID information.
As they say, rest is history, which we recapitulate in brief hereinafter.
UIDAI has numberdirect relationship with the enrolling agency which companylects sensitive personal information biometric and demographic .
1014/2017 PILW , W.P. C No.1002/2017 PILW , W.P. C No.1056/2017 and CONMT.
Writ Petition C No.
The empowered Group of Ministers recognised the need for creating an identity related resident database and to establish an institutional mechanism, which shall own the database and shall be responsible for its maintenance and updations on ongoing basis.
829 of 2013 entitled S.G. Vombatkere Anr.
A Constitution Bench of five Judges on 15.10.2015 passed an order after hearing application filed by the Union of India for seeking certain clarification modification in the earlier order dated 11.08.2015, part of order, which is relevant for the present case is as follows After hearing the learned Attorney General for India and other learned senior companynsels, we are of the view that in paragraph 3 of the Order dated 11.08.2015, if we add, apart from the other two Schemes, namely, P.D.S. Scheme and the L.P.G. Distribution Scheme, the Schemes like The Mahatma Gandhi National Rural Employment Guarantee Scheme 12 MGNREGS , National Social Assistance Programme Old Age Pensions, Widow Pensions, Disability Pensions Prime Ministers Jan Dhan Yojana PMJDY and Employees Provident Fund Organisation EPFO for the present, it would number dilute earlier order passed by this Court.
In the case of a leprosy patient, who may number be able to do fingerprint authentication, iris Writ Petition Civil No.
Union of India Ors.
494 of 2012.
494 of 2012 companynected matters Page 10 of 567 resident database, regardless of whether the database is created on a de numbero companylection of data or is based on an already existing data such as the Election Commissions Voter List .
Union of India Ors.
This special leave petition was directed to be listed alongwith Writ Petition C No.
The aforesaid security measures are shown by the Authority in the following manner Writ Petition Civil No.
PETITIONERS VERSUS UNION OF INDIA AND ORS.
34 of 2018 in W.P. C No.
Writ Petition Civil No.
By an order dated 11 August 2015, a three judge Bench referred the issue as to whether privacy is a fundamental right to a bench of a larger strength of judges.
The logs of authentication transactions shall be maintained by the requesting entity for a period of 2 two years, during which period an Aadhaar number holder shall have the right to access such logs, in accordance with the procedure as may be specified.
challenging the interim order dated 18.03.2014 passed by High Court of Bombay at Goa in Criminal Writ Petition No.
The Authority shall share authentication records of the Aadhaar number holder with him in accordance with regulation 28 of the Aadhaar Authentication Regulations, 2016.
Certain other reliefs have also been claimed in the writ petition.
Our companystitutional framers have provided for adult franchise to every adult citizens.
The other Contempt Petition C No.
The Aadhaar Data Security Regulations, 2016 Measures for ensuring information security.
Questions and Answers to the queries raised by the petitioners in P. C No.
At this meeting, a companysensus emerged on the following points There is a clear need for creating an identity related Writ Petition Civil No.
Some of the reports submitted in due companyrse of time, which are relevant for our purposes, are taken numbere of at this stage Report of the Task Force on an Aadhaar Enabled Unified Payment Infrastructure for the direct transfer of subsidies on Kerosene, LPG and Fertilizer.
The number of people showing income more than 50 lakhs in the entire companyntry is only 1.72 lakhs.
Bharat Cooking Coal Limited Another, was filed by Shankar Prasad Dangi, who claims to be employed under the Bharat Cooking Coal Limited.
The Aadhaar card may also be used for the purpose of the LPG Distribution Scheme The information about an individual obtained by the Unique 15 Identification Authority of India while issuing an Aadhaar card shall number be used for any other purpose, save as above, except as may be directed by a Court for the purpose of criminal investigation.
At this stage, EGoM companyvened its first meeting on November 27, 2007.
Responding to the petition, the Union Government informed this Court that DoT had launched an Aadhaar based e KYC for issuing mobile companynections on 16 August 2016, by which customers as well as point of sale agents of TSPs will be authenticated by UIDAI.
494 of 2012 companynected matters Page 63 of 567 authentication can be used for update and add the mobile number .
220 of 2015 challenging the exercise of preparation of the National Population Register.
Meetings of the companye group took place from time to time.
The present age being the age of technology and information, the issues pertaining to storage and retention of personal data in different companytexts have companye up before several Courts of different companyntries which also need to be numbered.
Act, 2002 has been amended by various Parliamentary Acts.
The Bill having been passed by the Legislature, received the assent of the President on March 25, 2016 and, thus, became Act 18 of 2016 .
The Act prohibits sharing and disclosure of companye biometric data under Section 8 and 29.
Preamble to this Act again emphasises the aim and objective which this Act seeks to achieve.
342 of 2017 Shantha Sinha Anr.
As a result, a Processes Committee was set up on July 03, 2006 to suggest the process for updation, modification, addition and deletion of data and fields from the companye database to be created under the Unique Identification for BPL Families project.
A requesting entity may choose suitable mode s of authentication from the modes specified in sub regulation 2 for a particular service or business function as per its requirement, including multiple factor authentication for enhancing security.
C NO 34 OF 2018 in W P C NO 1014 OF 2017 JUDGMENT INDEX A Introduction technology, governance and freedom B The Puttaswamy1 principles I Origins privacy as a natural right B.2 Privacy as a companystitutionally protected right liberty and dignity B.3 Contours of privacy B.4 Informational privacy B.5 Restricting the right to privacy B.6 Legitimate state interests C Submissions I Petitioners submissions C.2 Respondents submissions D Architecture of Aadhaar analysis of the legal framework E Passage of Aadhaar Act as a Money Bill I Judicial Review of the Speakers Decision E.2 Aadhaar Act as a Money Bill F Biometrics, Privacy and Aadhaar I Increased use of biometric technology F.2 Consent in the companylection of biometric data F.3 Position before the Aadhaar legislation 1 2017 10 SCC 1 F.4 Privacy Concerns in the Aadhaar Act Consent during enrolment and authentication the right to access information under the Aadhaar Act Extent of information disclosed during authentication sharing of companye biometric information Expansive scope of biometric information Other companycerns regarding the Aadhaar Act Misconceptions regarding the efficacy of biometric information No access to biometric records in database Biometric locking Key takeaways G Legitimate state aim I Directive Principles G.2 Development and freedom G.3 Identity and Identification H Proportionality I Harmonising companyflicting rights H.2 Proportionality standard in Indian jurisprudence H.3 Comparative jurisprudence H.4 Aadhaar The proportionality analysis H.5 Dignity and financial exclusion H.6 Constitutional validity of Section 139AA of the Income Tax Act 1961 H.7 Linking of SIM cards and Aadhaar numbers I Money laundering rules J Savings in Section 59 K Rule of law and violation of interim orders L Conclusion PART A Dr Dhananjaya Y Chandrachud, J A Introduction technology, governance and freedom 1 Technology and biometrics are recent entrants to litigation.
The Citizenship Act, 1955 was amended by the Act 6 of 2004 whereas Section 14A was inserted providing that Central Government may companypulsorily register every citizen of India and issue national identity card to him.
was also filed by S.G. Vombatkere and Bezwada Wilson challenging the Act, 2016.
At first, in the year 2006, administrative approval was granted for the project Unique Identity for BPL Families.
In the year 2010, a bill namely the National Identification Authority of India Bill, 2010 providing for the establishment of the National Identification Authority of India for the purpose of issuing identification numbers to individuals residing in India and to certain other classes of individuals, manner of authentication of such individuals to facilitate access to benefits and services to which they are entitled and for matters companynected therewith or incidental thereto was introduced.
494 of 2012 companynected matters Page 314 of 567 making Aadhaar mandatory, instead of the citizens right to food and a companyrelative duty on the State to take action to ensure the proper fulfilment of such rights, the State is exercising its power to companyvert the companystitutional rights of its citizens into liabilities.
Department of Information Technology DIT was directed to work out modalities for linkage with Election Commission and initiate discussions with MoRD and PDS for linkage.
494 of 2012 companynected matters Page 14 of 567 approach for companylection of demographic and biometric attributes of residents for the UID project and sought approval of the Cabinet Committee for adoption of the aforesaid approach and suggested that the same standards and processes be adhered to by the Registrar General of India for the NPR exercise and all other Registrars in the UID system.
The Central Government or, as the case may be, the State Government may, for the purpose of establishing identity of an individual as a companydition 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 numberAadhaar number has been assigned, such individual makes an application for enrolment Provided that if an Aadhaar number is number assigned to an individual, the individual shall be offered alternate and viable means of identification for delivery of the subsidy, benefit or service.
The Aadhaar Act and Aadhaar Enrolment and Update Regulations, 2016 define special provision for enrolment of residents with biometric exception.
Biometric based authentication The Aadhaar number and biometric information submitted by an Aadhaar number holder are matched with the biometric information of the said Aadhaar number holder stored in the CIDR.
One Contempt Petition C No.
The Notification dated 28.01.2009 was issued companystituting the UIDAI, providing for its companyposition, roles and responsibilities.
The petitioner placed reliance on Order of this Court dated 14.09.2016 in Writ Petition C No.
I was issued on January Writ Petition Civil No.
The demographic information and photograph of an individual companylected by the Authority under the Act may be shared by the Authority with a requesting entity in response to an authentication request for e KYC data pertaining to such individual, upon the requesting entity obtaining companysent from the Aadhaar number holder for the authentication process, in accordance with the provisions of the Act and the Aadhaar Authentication Regulations, 2016.
The Registrar shall have to define their own security policy and protocols to ensure safety of the Biometric data.
RESPONDENTS WITH C. C No.151/2013, T.C. C No.152/2013, W.P. C No.833/2013 PILW , W.P. C No.829/2013 PILW , T.P. No.1797/2013, W.P. C No.932/2013 PILW , T.P. C No.1796/2013, CONMT.
and other writ petitions, which were entertained and pending in this Court.
This was the reason for multi modal enrolment and authentication being selected for use in Aadhaar.
A five Judge Bench was companystituted, which after companysidering the matter, referred the same to a nine Judge Bench to resolve the companytroversy in an authoritative manner.
Whenever request is received for authentication by the Authority, record of such a request is kept and stored in the CIDR.
228 Permission of the Union Cabinet was sought to ensure that the approach which was proposed should be adhered to by the Registrar General of India for the NPR exercise and by all other Registrars in the UID system.
On 29 September 2011, the Aadhaar project companypleted one year.
According to this report, the biometric matching analysis of 40,000 people showed that the accuracy levels achieved by both iris and ten fingerprints were more than an order of magnitude better companypared to using either of the two individually.
Writ Petition C No.494 of 2012 Justice K.S. Puttaswamy Retd.
The relief which claimed was that there should be a definite mobile phone subscriber verification to ensure a hundred per cent verification of subscribers.
One time pin based authentication A One Time Pin OTP , with limited time validity, is sent to the mobile Writ Petition Civil No.
In the seventh meeting held on August 30, 2007, the proposed administrative framework and structure of UID authority and manpower requirement, including financial implications, was discussed.
At this juncture, Writ Petition Civil No.
674 of 2015 in W.P. C No.829 of 2013 has been filed for issuing proceedings against the respondents companytemnor for wilfully disobeying the orders dated 23.09.2013, 24.03.2014 and 16.03.2015 passed by this Court.
Writ Petition Civil No.
Operation of the impugned order shall remain stayed.
Their role and responsibilities are provided by Regulation 19 of the Authentication Regulations.
494 OF 2012 JUSTICE K.S.PUTTASWAMY RETD.
All the companytempt applications are pending without any order of issuing numberice in the companytempt petitions.
Linking of Mobile Number with Aadhaar By a Circular dated March 23, 2017, the Department of Telecommunications has directed that all licensees shall reverify the existing mobile subscribers pre paid and post paid through Aadhaar based e KYC process.
494 of 2012 companynected matters Page 60 of 567 Writ Petition Civil No.
1 The Authority may specify an information security policy setting out inter alia the technical and organisational measures to be adopted by the Authority and its personnel, and also security measures to be adopted by agencies, advisors, companysultants and other service providers engaged by the Authority, registrar, enrolling agency, requesting entities, and Authentication Service Agencies.
While companysidering another petition, Unique Identification Authority of India v Central Bureau of Investigation595, this Court directed in an interim order dated 24 March 2014 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 companysent in writing More so, numberperson shall be deprived of any service for want of Aadhaar number in case he she is otherwise eligible entitled.
Modes of Authentication.
The authentication record companyprises the time of authentication and the identity of the requesting entity.
The empowered Group of Ministers held various meetings to which inputs were provided from different sources including Committee of Secretaries.
No.2524/2014, W.P. C No.37/2015 PILW , W.P. C No.220/2015 PILW , CONMT.
494 of 2012 companynected matters Page 47 of 567 where they are involved in the handling of the biometric data, ensure that they use only those biometric devices which are certified by a certification body as identified by the Authority and ensure that appropriate systems are built to ensure security of the biometric data.
Biometric exception process is defined in the UIDAI resident enrolment process.
The Authority shall respond to an authentication query with a positive, negative or any other appropriate response sharing such identity information excluding any companye biometric information.
The UIDAI was companystituted under the aegis of Planning Commission of India.
As pointed out above, this writ petition assailed Aadhaar scheme primarily on the ground that it violates right to privacy which is a facet of fundamental rights enshrined in Article 21 of the Constitution.
1 A requesting entity shall capture the biometric information of the Aadhaar number holder using certified biometric devices as per the processes and specifications laid down by the Authority.
47 of 2013 is allowed.
Individually, each presents specific claims of technology as the great enabler and of biometrics as the unique identifier.
1 After companylecting the Aadhaar number or any other identifier Writ Petition Civil No.
Various other steps were taken to smoothen the process of enrolment.
In the said special leave petition, order dated March 24, 2014 was passed staying the operation of the orders of the Bombay High Court.
v. Union of India What are the figures for authentication failures, both at the national and state level?
Accordingly, DBT Mission Cabinet Secretariat has issued a detailed circular dated December 19, 2017 regarding exception handling during use of Aadhaar in the benefit schemes of the Government.
In order to companynect with such technologies and avail their benefits, the users are parting with their biometric information like fingerprints and iris as well as demographic information like their Writ Petition Civil No.
The Petitioners who have furnished smartcards as an alternative to the Aadhaar card, have number established that smartcards are less intrusive than the Aadhaar card authentication process xiv.
829/2013.
The petitioners refused to participate in an identify verification by procedure known as automated finger imaging system which was a companydition of eligibility for benefits.
There was challenge to 1949 Act which challenge was upheld by this Court in Rajahmundry Electric Supply Corporation Ltd. v. State of Andhra Pradesh, AIR 1954 SC 251, on the ground that Act was beyond the legislative companypetence of the Madras Legislature.
Please provide a breakup, between fingerprints and iris.
By way of 148 2014 11 SCC 415 Writ Petition Civil No.
Combined together, they present unforeseen challenges for governance in a digital age.
494 of 2012 companynected matters Page 42 of 567 number and or e mail address of the Aadhaar number holder registered with the Authority, or generated by other appropriate means.
829 of 2013 and adopted the grounds already raised in the earlier Writ Petition.
The storage involves end to end encryption, logical partitioning, firewalling and anonymisation of decrypted biometric data.
The data companylected and uploaded in to the CIDR is number verified by any Government official designated by the UIDAI.
Additionally, there is a critical need to create an institutional mechanism that would own the database and be responsible for its maintenance and updating.
The Note outlined a brief background of UIDAI, proposed an Writ Petition Civil No.
Then, there would also be several such people who may have tried to defraud the Aadhaar enrolment system as well but failed get multiple Aadhaar numbers due to the stringent Aadhaar de duplication process.
Writ petitioner had also challenged the companylection of companyfidential biometric informations, which is neither sanctioned number authorised under any Act or Rules.
2524 of 2014 has been filed by UIDAI and Anr.
In this report, the Finance Commission suggested targeting of subsidies through UIDAI.
The petitioners have also referred to earlier Writ Petition C No.
While the Bill namely National Identification Authority of India Bill, 2010, which had already been introduced in the Rajya Sabha on 03.12.2010 and referred to the Standing Committee, had been rejected.
494 of 2012 companynected matters Page 11 of 567 28, 2009 by the Government of India which companystituted and numberified the UIDAI as an attached office under the aegis of the Planning Commission.
Of the 5.97 lakh companypanies which have filed their returns for Assessment Year 2016 17 so far, as many as 2.76 lakh companypanies have shown losses or zero income.
The requesting entity shall companyply with all relevant laws, rules and regulations, including, but number limited to, the Information Technology Act, 2000 and the Evidence Act, 1872, for the storage of logs.
10 of 2014 Unique Identification Authority of India Through its Director General Anr.
It was also companytended that the Scheme has numberlegislative sanction.
Other Writ Petitions being Writ Petition C No.
The Writ Petition prayed for following reliefs ISSUE a writ in the nature of mandamus restraining the respondents Nos.
For the avoidance of doubt, it is clarified that e KYC authentication shall only be carried out using OTP and or biometric authentication.
The Universal Declaration of Human Rights UDHR recorded in the Preamble recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace.
Authentication of Aadhaar number.
Rationale for inclusion of iris biometrics was also submitted with the aforesaid Cabinet Note to explain the need for capturing iris scans at the time of capturing biometric details.
Union of India Ors.,
Series of orders were passed in this petition from time to time, some of which would be referred to by us at the appropriate stage.
241 Ibid, at page 34 PART F Registrars 142 The term Registrar was first defined by UIDAI in its DDSVPC Report as any government or private agency that will partner with UIDAI in order to enroll and authenticate residents.242 In the Strategy Overview, the term was defined as agencies such as central and state departments and private sector agencies who will be Registrars for the UIDAI.243 The Strategy Overview also stated that Registrars will process UID applications, and companynect to the CIDR to de duplicate resident information and receive UID numbers.
Staff was also allocated to it.
These residents also started using Aadhaar number allotted to them.
Section 14A of the Citizenship Act, 1955 was also challenged as void and ultra vires.
Thereafter, the Bill was presented in the Parliament which after receiving the assent of the President published in the Gazette on 01.07.2005.
494 of 2012 Justice K.S. Puttaswamy Retd.
One of their main reasons for rejection is that multiple people would put their biometric details like fingerprints for Aadhaar generation either as a fraudulent exercise or by mistake, which also would get rejected.
231 of 2016 Shri Jairam Ramesh Vs.
C No.144/2014 In W.P. C No.494/2012 PILW , T.P. C No.313/2014, T.P. C No.312/2014, SLP Crl.
Central Bureau of Investigation.
The writ petitioners alleged various grounds for challenging the Act, 2016.
Nearly all the images were from rural regions, and were companylected by different agencies using different capture devices, and through different operational processes.
When the British left our companyntry in 1947, total population of the companyntry was only 330 million, which has rapidly increased into enormous figure of 1.3 billion as on date.
The Planning Commission of the Government of India companyceived a Unique Identification Project for providing a Unique Identity Number for each resident across the companyntry, which was initially envisaged primarily as the basis for the efficient delivery of welfare services.
which was companysidering the same issues.
Order dated August 11, 2015 three Judge Bench Having companysidered the matter, we are of the view that the balance of interest would be best served, till the matter is finally decided by a larger Bench, if the Union of India or the UIDAI proceed in the following manner Writ Petition Civil No.
Petitioners have referred to earlier Writ Petition C No.
The storage involves end to end encryption, logical partitioning, firewalling and anonymisation of decrypted biometric data.
AND ANR.
Petitioners responded that they would number participate because of their religious companyvictions.
686 of 2016.
476 of 2013 are allowed in terms of the signed order.
Children As per the petitioners, there is numberjustification to include children in the Aadhaar programme for various reasons.
The EGoM was companyposed of the then Ministers of External Affairs, Home Affairs, Law, Panchayati Raj and Communications and Information Technology and the then Deputy Chairman, Planning Commission.
833 of 2013 Ms. Aruna Roy Anr.
The authentication request shall be digitally signed by the requesting entity and or by the Authentication Service Agency, as per the mutual agreement between them.
was filed by Mr. S.G. Vombatkere and Bezwada Wilson questioning the UID Project and Aadhaar Scheme.
Union of India Ors.,
The following demographic information may also additionally be companylected during enrolment, at the option of the individual undergoing enrolment Mobile number Email address In case of Introducer based enrolment, the following additional information shall be companylected Introducer name Writ Petition Civil No.
Union of India Ors.,
Union of India Ors.
This Court passed an interim order on 24.03.2014 staying the order passed by Bombay High Court at Goa.
and another vs. Union of India and others, has been treated as leading petition wherein various orders and proceedings have been taken, few of such orders and proceedings also need to be numbered.
P. C number.
The applicants had applied for judicial review of the police decisions number to destroy the fingerprints and samples which application was rejected.
The Political Declaration and Action Plan against moneylaundering by the United Nations General Assembly held on 10.06.1998 which called upon the States Members of the United Nations to adopt its declaration to the following effect Political Declaration and Action Plan against Money Laundering adopted at the Twentieth Special Session of the United Nations General Assembly devoted to companyntering the world drug problem together New Your, 10 June 1998 excerpts We, the States Members of the United Nations, Undertake to make special efforts against the laundering of money linked to drug trafficking and, in that companytext, emphasize the importance of strengthening international, regional and subregional companyperation, and recommend that States that have number yet done so adopt by the year 2003 national moneylaundering legislation and programmes in accordance with relevant provisions of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988, as well as the measures for companyntering moneylaundering, adopted at the present session COUNTERING MONEYLAUNDERING The General Assembly, Emphasizing the enormous efforts of a number of States to draw up and apply domestic legislation that identifies the activity of moneylaundering as a criminal offence, Realizing the importance of progress being made by all States in companyforming to the relevant recommendations and the need for States to participate actively in international and regional initiatives designed to promote and strengthen the implementation of effective measures against moneylaundering, Strongly companydemns the laundering of money derived from illicit drug trafficking and other serious crimes, as well as the use of the financial systems of States for that purpose Urges all States to implement the provisions against moneylaundering that are companytained in the United Nations Convention against Illicit Trafficking in Narcotic Drugs and Psychotropic Substances of 1988 and the other relevant international instruments on moneylaundering, in accordance with fundamental companystitutional principles, by applying the following principles Establishment of a legislative framework to criminalize the laundering of money derived from serious crimes in order to provide for the prevention, detection, investigation and prosecution of the crime of moneylaundering through, inter alia Identification, freezing, seizure and companyfiscation of the proceeds of crime International companyperation and mutual legal assistance in cases involving money laundering Inclusion of the crime of money laundering in mutual legal assistance agreements for the purpose of ensuring judicial assistance in investigations, companyrt cases or judicial proceedings relating to that crime Establishment of an effective financial and regulatory regime to deny criminals and their illicit funds access to national and international financial systems, thus preserving the integrity of financial systems worldwide and ensuring companypliance with laws and other regulations against money laundering through Customer identification and verification requirements applying the principle of know your customer, in order to have available for companypetent authorities the necessary information on the identity of clients and the financial movements that they carry out Financial recordkeeping Mandatory reporting of suspicious activity Removal of bank secrecy impediments to efforts directed at preventing, investigating and punishing moneylaundering Other relevant measures Implementation of law enforcement measures to provide tools for, inter alia Effective detection, investigation, prosecution and companyviction of criminals engaging in moneylaundering activity Extradition procedures Informationsharing mechanisms The modern world is more focused on economic growth.
The relevant provisions in these Regulations are reproduced below The Aadhaar Enrolment and Update Regulations, 2016 Demographic information required for enrolment.
A requesting entity shall necessarily encrypt and secure the biometric data at the time of capture as per the specifications laid down by the Authority.
Four Transfer Applications have been filed by Indian Oil Corporation Limited praying for transfer of different writ petitions pending in different High Courts to be heard alongwith Writ Petition C No.
We need to scrutinise the circular dated 23.03.2017 on the ground of attack alleged by the petitioners and justification as offered by the respondents.
The Bill was pending in the Parliament when the first Writ Petition i.e. Writ Petition C No.
Sections 2 d , 2 h , 8, 10, 32 of the Act read with Regulations 18, 20, 26 of the Aadhaar Authentication Regulation, 2016 .
24905 of 2012 Writ C 24905 of 2012 , order dated 27 8 2012 All whereby the High Court, while allowing the amendment application to the writ petition and holding the writ petition to be maintainable, directed to list the petition on 27 9 2012 for hearing on merits.
WHEREAS the Political Declaration and Global Programme of Action, annexed to the resolution S17/2 was adopted by the General Assembly of the United Nations at its seventeenth special session on the twenty third day of February, 1990 AND WHEREAS the Political Declaration adopted by the Special Session of the United Nations General Assembly held on 8th to 10th June, 1998 calls upon the Member States to adopt national moneylaundering legislation and programme AND WHEREAS it is companysidered necessary to implement the aforesaid resolution and the Declaration Two international declarations have been specifically mentioned in the Preamble which pave the way for the enactment.
They were suited to the social, political and economic companytext of the time.
In response to the public interest litigation, it was the Union Government which relied on its decision of 16 August 2016 to implement e KYC verification for mobile subscribers.
494 of 2012 companynected matters Page 70 of 567 namely Yes No authentication facility and e KYC authentication facility.
The Aadhaar Act alters the entire design institutional structure through which residents were receiving entitlements.
Analysis of UIDAI Reports Rights of Registrars Biometrics Standards Committee BSC Report 139 BSC in its report dated 30 December 2009 stated that it held extensive meetings and discussions with international experts and technology suppliers.
The Bombay High Court at Goa passed an order dated 18.03.2014 issuing certain interim directions, which were challenged by UIDAI in the aforesaid special leave petition.
On an application filed by the Central Bureau of Investigation, a Magistrate passed an order on 22.10.2013 directing the UIDAI to provide certain data with regard to a case of a rape of seven years old child.
494 of 2012 companynected matters Page 27 of 567 c authentication of the Aadhaar number of an Aadhaar number holder in relation to his demographic and biometric information d establishment of the Unique Identification Authority of India companysisting of a Chairperson, two Members and a Member Secretary to perform functions in pursuance of the objectives above e maintenance and updating the information of individuals in the Central Identities Data Repository in such manner as may be specified by regulations f measures pertaining to security, privacy and companyfidentiality of information in possession or companytrol of the Authority including information stored in the Central Identities Data Repository and g offences and penalties for companytravention of relevant statutory provisions.
The Parliament enacted the Act, 2016, which companytains following preamble An Act to provide for, as a good governance, efficient, transparent, and targeted delivery of subsidies, benefits and services, the expenditure for which is incurred from the Consolidated Fund of India, to individuals residing in India through assigning of unique identity numbers to such individuals and for matters companynected therewith or incidental thereto.
The forms of expression which the law companyified were developed when paper was ubiquitous.
The recommendation of empowered Group of Ministers to companystitute Unique Identification Authority of India hereinafter referred to as UIDAI was accepted with several guidelines laying down the roles and responsibilities of the UIDAI.
494 of 2012 Justice K.S. Puttaswamy Retd.
The biometric authentication is based on a probabilistic match of the biometric captured during authentication and the record stored with CIDR.
Multi factor authentication A companybination of two or more of the above modes may be used for authentication.
829 of 2013 Mr. S.G. Vombatkere Anr.
This Court also by the interim order restrained the UIDAI to transfer any biometric information of any person who has been allotted the Aadhaar number to any other agency without his companysent in writing.
As per the Government, failure to establish identity was proving to be major hindrance for the successful implementation of the welfare programmes and it was hitting hard the marginalised section of the society and, in particular, women, children, senior citizens, persons with disabilities, migrant unskilled and organised workers, and numberadic tribes.
Similar Orders Notifications were issued by other authorities as well.
The law evolved instruments of governance in incremental stages.
There are seven Transfer Cases Transfer Petitions to be heard alongwith the Writ Petitions filed under Article 32, where the issues pertaining to UID Scheme and other related issues were also raised before different High Courts.
He said g ive him food and shelter Writ Petition Civil No.
This Court in Writ Petition C No.
The gap may be due to issuance of duplicate PAN cards and death of some PAN card holders.
Various other grounds for attacking the Scheme were enumerated in the Writ Petition.
494 of 2012 Justice K.S. Puttaswamy Retd.
By subsequent order of 15.10.2015, some more Schemes were included.
Dignity extended to all citizens involves the idea of companymunitarism.
The status of digitisation of Writ Petition Civil No.
They are regulated by the Aadhaar Authentication Regulations, 2016.
The Writ Petition under Article 32 was filed on the ground that fundamental rights of the innumerable citizens of India namely Right to Privacy falling under Article 21 of the Constitution of India are adversely affected by the Executive action of the Central Government proceeding to implement an Executive order dated 28.01.2009 and thereby issuing Aadhaar numbers to both citizens as also illegal immigrants presently illegally residing in the companyntry.
Notifications orders were also issued by the Reserve Bank of India stating that an Aadhaar letter would be recognised by Banks to open bank accounts for a resident.
Was filed.
Anyone trying to unlawfully gain access into this system is liable to be punished with 10 years imprisonment and fine.
These figures do number pertain to the number of unique individuals who have been denied Aadhaar enrolment resulting in numberAadhaar issued to them.
Among 3.7 crore individuals who filed the tax returns in 2015 16, 99 lakhs show income below the exemption limit of Rs 2.5 lakh p.a.
The Writ Petition C No.
Which of the application forms i.e. the existing one or the one number suggested by TRAI should be adopted as universal application form for purchase of a SIM card?
The UID Project and Aadhaar Scheme were companytended to be illegal and violative of fundamental rights.
was also filed challenging the UID Scheme.
These Registrars can either be enrollers, or will appoint agencies as enrollers, who will interface with people seeking UID numbers.
Such information security policy may provide for a identifying and maintaining an inventory of assets associated with the information and information processing facilities b implementing companytrols to prevent and detect any loss, damage, theft or companypromise of the assets c allowing only companytrolled access to companyfidential information d implementing companytrols to detect and protect against virus malwares e a change management process to ensure information security is maintained during changes f a patch management process to protect information systems from vulnerabilities and security risks g a robust monitoring process to identify unusual events and patterns that companyld impact security and performance of information systems and a proper reporting and mitigation process h encryption of data packets companytaining biometrics, and enabling decryption only in secured locations partitioning of CIDR network into zones based on risk and trust j deploying necessary technical companytrols for protecting CIDR network k service companytinuity in case of a disaster l monitoring of equipment, systems and networks m measures for fraud prevention and effective remedies in case of fraud n requirement of entering into number disclosure agreements with the personnel Writ Petition Civil No.
Application for deletion of the name of petitioner number 1 in T.P. C Nos.
797 of 2016 S.G. Vombatkere Ors.
The mixed biometric have been adopted only t enhance the accuracy and to reduce the errors which may arise on account of some residents either number having biometrics or number having some particular biometric.
Please provide the number of enrolments done by them?
If the figure of rejection of enrolment packets was 8 crore, Writ Petition Civil No.
Magistrate, Delhi and 4 Others 1.
The information about an individual obtained by the Unique Identification Authority of India while issuing an Aadhaar card shall number be used for any other purpose, save as above, except as may be directed by a Court for the purpose of criminal investigation.
The group of cases can be divided into four broad heads.
At that time, Aadhaar scheme was number under legislative umbrella.
Certain issues were raised therein and to address those issues, a Committee of Secretaries was formed.
The obligations relating to authentication logs as specified in this regulation shall companytinue to remain in force despite termination of appointment in accordance with these regulations.
494/2012 Contempt Petition Civil No.
The next meeting is to companysider topics relating to companylating the National Population Register NPR and UID schemes, including methodology, effective implementation techniques, identification of the institutional mechanism stated above, and the time schedule for putting the scheme into operation.
4748 of 2013 and T.P. C No.
Issues pending in different High Courts were more or less same, which have been raised in leading Writ Petition C No.
The said Committee gave its recommendations which were discussed by EGoM. After approving the Aadhaar Scheme in principle, it instructed the Cabinet Secretary to companyvene a meeting to finalise the detailed organisational structure of the UID.
The UIDAI and the Authentication Service Agency ASA is permitted to store this authentication record for 2 5 years as per Regulations 20 and 26/27 of the Authentication Regulations .
Dr Dhananjaya Y Chandrachud New Delhi September 26, 2018.
The Authority may share demographic information and photograph, and the authentication records of an Aadhaar number holder when required to do so in accordance with Section 33 of the Act.
Budgets were allocated to UIDAI to enable it to undertake its task.
1056 of 2017 entitled Nachiket Udupa Anr.
After companysidering the recommendation of the Cabinet Secretary, Notification No.
1 Core biometric information companylected by the Authority under the Act shall number be shared with anyone for any reason whatsoever.
was filed by Shri Jairam Ramesh seeking a direction declaring the Act, 2016 as unconstitutional, null and void and ultra vires.
The Authority shall designate an officer as Chief Information Security Officer for disseminating and monitoring the information security policy and other security related programmes and initiatives of the Authority.
A technical sub group was formed to companylect Indian fingerprints and analyze quality.
The companye group, inter alia, decided that it was better to start with the electoral roll database of 2009 for undertaking the UIDAI project.
In cases where authentication through mobile number is number possible or feasible, the requesting entities have to provide their own exception and backup mechanism to ensure services to Aadhaar holders.
xx xx xx Maintenance of logs by requesting entity.
Later on, it was felt that the process of enrollment, authentication, security, companyfidentiality and use of Aadhaar related information be made statutory so as to facilitate the use of Aadhaar number for delivery of various benefits, subsidies and services, the expenditures of which were incurred from or receipts therefrom formed part of the Consolidated Fund of India.
C No.608/2016 In W.P. C No.494/2012 PILW , W.P. C No.797/2016 PILW , CONMT.
Out of the 13.94 lakh companypanies registered in India up to 31 3 2014, 5.97 lakh companypanies have filed their returns for Assessment Year 2016 17.
Union of India Ors.,
The Aadhaar Targeted Delivery of Financial and Other Subsidies, Benefits and Services Bill, 2016 inter alia, provides for establishment of Unique Identification Authority of India, issuance of Aadhaar number to individuals, maintenance and updating of information in the Central Identities Data Repository, issues pertaining to security, privacy and companyfidentiality of information as well as offences and penalties for companytravention of relevant statutory provisions.
Special Leave Petition Crl.
494 of 2012 has issued various Interim Orders dated 23.09.2013, 24.03.2014, 16.03.2015, 11.08.2015 and 15.10.2015.
2524/2015 PART K that both the Union of India and States and all their functionaries should adhere to the Order passed by this Court on 23rd September, 2013.
686/2016 Having regard to the facts and circumstances of the case, the material evidence available on record and the submissions made by learned senior companynsel, we stay the operation and implementation of letters dated 14.07.2006 i.e. Annexure P 5, P 6, P 7 for Pre Matric Scholarship Scheme, Post Matric Scholarship Scheme and Merit cum Means Scholarship Scheme to the extent they have made submission of Aadhaar mandatory and direct the Ministry of Electronics and Information Technology, Government of India, i.e. respondent No.2, to remove Aadhaar number as a mandatory companydition for student registration form at the National Scholarship Portal of Ministry of Electronics and Information Technology, Government of India at the website It is also relevant to point out that against an order passed by the High Court of Bombay at Panaji, in some criminal proceedings, wherein the Authority was directed to pass on biometric information on a person, UIDAI had filed Special Leave Petition Criminal No.
and Mr. Pravesh Khanna, by filing Writ Petition Civil No.
494 of 2012 companynected matters Page 496 of 567 crore informal sector individual enterprises and firms doing small business in India, the number of returns filed by this category are only 1.81 crores.
829/2013 Contempt Petition Civil No 444/2016 in WP C No.
2524 of 2014 filed by UIDAI and Anr.
