Jaitley clarifies stand on Aadhar

Jaitley clarifies stand on Aadhar


The Union Finance Minister, Mr.  Arun Jaitley, has said a Parliament approved legislation can restore the mandatory linking of biometric ID Aadhaar with mobile phones and bank accounts, but did not say if the government will bring a new law for the same.

The Supreme Court had last month upheld the Constitutional validity of Aadhaar, the 12-digit biometric-based unique identity number, but restricted its use by private entities like telecom operators for verifying the identity of mobile users.

Mr. Jaitley said it was a 'very sound judgment' as the court accepted that there is legitimate state aim in Aadhaar.

'Aadhaar is not a citizenship card,' he said, 'because after all, you have a system where you give a lot of government money in form of various support and subsidies to all kinds of people. That was the principle objective of Aadhaar.'

The Supreme Court, he said, upheld most of what Aadhaar does. 'What had not been upheld falls in two categories. One is the principle of proportionality that Aadhaar will help in these cases and then do it by an appropriate law. So the whole argument which was given that private companies can't use it, there is Section 57 which says you can authorise others either by law or contract. So what has been struck down is by contract.'

The Finance Minister said a legal provision through a legislation can restore linking of Aadhaar with mobile phones and bank accounts. 'By law, it can still be done, provided you do it under the adequate provision of law and do it on the basis of that in this field it is necessary.'

Mr. Jaitley, however, did not say if the government plans to bring a law in Parliament for the purpose.

He said the Supreme Court has permitted Aadhaar linkage in several areas like income tax, based on 'the principle of proportionality. If you are able to show the kind of data that in mobile telephony it (Aadhaar linkage) will help, it can happen. So mobile and bank accounts are two critical areas.'