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Aadhaar

Legal and Constitutional Framework

The Aadhaar system, administered by the Unique Identification Authority of India (UIDAI), is governed by the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016. Its constitutional validity was upheld by a 4:1 majority of the Supreme Court in K.S. Puttaswamy v. Union of India (2018).

Key details

Section 3 of the Aadhaar Act requires every resident to obtain an Aadhaar number by submitting demographic and biometric information (all 10 fingerprints, iris scans, and a facial photograph).
Section 7 provides that the government may require Aadhaar authentication for receipt of subsidies, benefits, and services funded from the Consolidated Fund of India.
Section 28 prohibits the core biometric information (fingerprints and iris scans) from being shared with anyone for any reason whatsoever.
Section 29 restricts sharing of identity information and authentication records.
The Supreme Court in Puttaswamy (2018) upheld the Act but struck down Section 57 (which allowed private entities to use Aadhaar), bank account linking, and SIM card linking as disproportionate to the right to privacy.
The Act was passed as a Money Bill under Article 110, a classification that Justice D.Y. Chandrachud (in his dissent) held was incorrect, though the majority did not adjudicate this question.