Aadhaar: A single initiative of the Government of India has brought a number of gems like unique identity, privacy, data protection, digital security, etc. on the national agenda.

The Debate:

• Critics alleged that Aadhaar was unconstitutional for it purportedly, as per their claim, infringed on individual liberty, privacy personal autonomy, freedom of choice, etc.
• They perceived government’s enhanced ability to directly connect reach, and sere people in a cost-effective, efficient and transparent manner, as an increase in the state’s power and, hence, criticized Aadhaar as an instrument of state surveillance.
• While yet another section of critics perceived Aadhaar as a tool of denial and exclusion, some of the raised questions on the efficacy of Aadhaar technology and security of a central database.
• The debate often reminded us of the Luddite movement in Europe in the 19th century when mechanisation was opposed due to fears of job loss.

It is useful to know how other developed democracies use unique identification number to cleans their system

• USA introduced Social Security Number (SSN) through an enactment in 1935 for a limited purpose of providing social security benefits during the Great Depression in 1942;
• President Franklin Roosevelt expanded the scope through a historic executive order which mandated all Federal agencies to exclusively use SSN in their programs.
• In 1962, SSN was adopted as the official Tax Identification Number (TIN) for income tax purposes.
• In 1976, the Social Security Act was further amended to say that any State may utilize, in the administration of any tax, general public assistance, driver’s license or motor vehicle registration law, the social security account numbers for the purpose of establishing the identification of individuals and may require any individual to furnish SSN.
• The mandatory use of SSN by the State did not go unchallenged in the US courts which eventually held mandatory use of SSN to be constitutional.
• In Doyle vs. Wilson, it was held that “mandatory disclosure of one’s social security number does not so threaten the sanctity of individual privacy as to require constitutional protection”.
• In other cases, courts held that “requiring an SSN on a driver’s license application is not unconstitutional, nor is a requirement that welfare recipients furnish their SSNs” and “preventing fraud in federal welfare programs is an important goal, and the SSN requirement in a reasonable means of promoting that goal”.
• In United Kingdom too, almost every important service requires a National Insurance Number (NIN). It is required from those who want to work, open bank accounts, pay taxes, want to receive child benefits, and even those who want to vote.

Upholding the Constitutional validity of Aadhar:

• After six years of prolonged litigation the SC delivered its historic and landmark judgment which upheld Aadhaar as constitutional albeit with some stronger safeguards that would go a long way in accelerating India’s digital journey and strengthening India’s digital narrative to create greater digital trust, parity and confidence among people.
• The Supreme Court decision in Aadhaar case would certainly take us together miles ahead on India’s digital voyage with augmented safety that is supported by stronger data protection measures to enhance digital trust of the people with hassle-free empowerment with the use of Aadhaar.
• Upholding the constitutional validity of Aadhaar – the world’s largest unique biometric identity project of India that caters to one-sixth of the population on this planet, the Supreme Court has held that the architecture of Aadhaar neither creates a surveillance state nor infringes the fundamental right to privacy.
• The Court said that Aadhaar identification is unparalleled and ensures empowerment and dignity of marginalized sections of the society. The Court also upheld that the Aadhaar Act meets the concept of the limited government, good governance and constitutional trust and its passing as a Money Bill is justified and legitimate.

Benefits of Aadhaar:

• Aadhaar is the first and biggest public owned world’s largest biometric technology platform which being constitutionally valid, would now not only empower 122 crore people with biometric based unique identity but would also provide a nationwide infrastructure to establish voluntarily their identity online anywhere, anytime and enable them to receive their entitlements and exercise their rights.
• Aadhaar makes it possible for the government to design special welfare programs and target them to deserving sections of the society. For example that benefit would not be siphoned away by non-deserving beneficiaries and thereby will help keep the insurance premium and expenses within the affordable limits.
• Aadhaar is also emerging as a great enabler of alternate digital payment system for those who cannot use debit, credit card, internet banking, etc. Aadhaar enabled Payment System (AePS) deployed on a handheld device makes it possible for people to use their Aadhaar and fingerprint to with draw or
• Aadhaar has proven to be a powerful, safe and secure digital platform to establish unflinching identity of a person created on three basic doctrines of minimal information, optimal ignorance and federated database and is free from the traits of caste, colour, creed, race, profiling etc
• Mandatory use of Aadhaar in welfare schemes or subsidy or benefits delivery where fund flows from the Consolidated Fund of India is well-founded and has spread a responsibility on the agencies involved in the implementation of schemes to ensure that no deserving beneficiary denied of any benefit or service for lack of Aadhaar or due to any technical glitches.
• Aadhaar ensures that the benefits reach directly to the deserving beneficiaries in a hassle-free manner. Aadhaar is helping eliminate middlemen ghosts, fakes, and duplicates in schemes like PDS, MGNREGS, PAHAL, Scholarships, etc., which has already led to savings of over Rs 90,000 crore during the last three years According to an estimate of the World Bank, if Aadhaar is used across all welfare schemes, it will help save Government about US $11 billion every year.
• Government is using Aadhaar to create a tax compliant society by weeding out fake and duplicate PAN cards, shell companies, and curb tax evasion, money laundering, fraudulent, corrupt and dubious activities.
• Aadhar has been seeded with several databases like Liquid Petroleum Gas (LPG), Public Distribution System (PDS), National Social Assistance Programme (NSAP) etc. to enable correct identification of the beneficiary and ensure that the benefits reach the beneficiary promptly and directly.
• Thereby, Aadhaar has direct value in creation of digital infrastructure through which social and financial inclusion is ensured.
• Also, Aadhaar has helped flood victims of Tamil Nadu who were stranded in relief camps to withdraw money from their bank accounts without any documents or withdrawal slips being filled just by their Aadhaar and fingerprint through AePS enabled micro-ATMS.