The legal framework of Aadhaar has evolved significantly since its inception in 2009. The Aadhaar Act 2016 constitutes the current legislative framework governing Aadhaar. The Court is expected to answer foundational questions about the digital identify platform. Is the 2016 Aadhaar Act, passed as a Money Bill, constitutional? Is Aadhaar’s use of biometrics in conformity with our newly codified right to privacy? Are the burdens borne by Indian residents due to the use of Aadhaar justified by the potential gains?
In answering these questions, the Court can play a crucial role in shaping our institutions and ability to manage risks in a fast-paced digital world.
Right to Privacy
A nine-judge bench of the Supreme Court of India passed a landmark judgement recognizing our fundamental right to privacy as emanating from Article 21 (right to life and personal liberty) and other rights guaranteed under Part III of India’s Constitution. The judgement came in light of a series of individual petitions linked to Aadhaar combined with the writ petition filed by retired High Court Justice K.S. Puttaswamy challenging various aspects of the Aadhaar project, especially its potential violations of individual privacy.
Privacy was deemed an undeveloped and elitist concept in the proceedings. Findings from the SOA survey do not support this view. In the SOA survey we asked respondents whether they consider it important (or not) to know how the government uses their information.
Importance of knowing how the government uses respondents' data
We asked respondents how important it is for them to know how their data is used when they share their information with the government.
Approval ratings on mandatory linking of Aadhaar to services
We asked respondents in the SOA survey whether they approved or disapproved of the decision to mandatorily link Aadhaar to services offered by the government and the private sector.
News & Updates
This post by the Centre for Internet & Society analyses key provisions of the regulations released by UIDAI in support of the Aadhaar Act.Read more
This report, prepared by the Standing Committee on Finance, discusses the National Identification Authority of India Bill (2010). It examines various aspects of the Bill and depositions from multiple stakeholders…Read more