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JUDICIAL REVIEW AND AADHAR DOCTRINE OF PROPORTIONALITY


JUDICIAL REVIEW AND AADHAR DOCTRINE OF PROPORTIONALITY
21
May

JUDICIAL REVIEW AND AADHAR DOCTRINE OF PROPORTIONALITY


Proportionality doctrine relates to the principle of interpretation of statutory provisions that uphold fairness and justice. It is a way of limiting administrative action from being drastic when used to obtain desired results in order to maintain a sense of proportion between its objectives and preserve the public interest with minimal impact on individual rights

Doctrine and Aadhaar

Write whatever yo Recently, the SC has used the doctrine of proportionality to uphold Aadhaar's constitutional validity. The court held that the Aadhaar Act passes the "triple test" set out in the "privacy" judgment and does not infringe citizens ' right to privacy along with declaring the law's provisions as unconstitutional: u want here. Then press the button Quill It

Constitutionally valid provisions

  • Aadhaar is required to access welfare benefits and subsidies spent by the CFI on money.
  • On the basis of section 7 of the act, the court upheld the constitutionality of treating Aadhaar as a money bill.
  • Aadhaar is required for ITR filing and PAN allocation

Constitutionally invalid provisions
 
  • Section 57 of the Aadhaar Act allowing the use of Aadhaar for e-KYC verification by private entities.
  • Mobile number and bank accounts must be linked to Aadhaar number.
  • Aadhaar's requirement for school admission and exams such as NEET and JEE.
  • Aadhaar's requirement for children to access the state's social benefits.

Arguments against the judgment
 
  • Aadhaar database poses a high risk that the right to privacy will be used for surveillance activities.
  • Aadhaar's passing acts as money bill is against the bicameralism that is part of the constitution's basic structure.
  • Biometric failure to authenticate results in the denial of benefits of social security that violate human dignity and the right to life under Article 21.

Conclusion

Nevertheless, the SC judgment is a landmark that balances the positive and negative aspects of the Aadhaar Act, paving the way for its use for the benefit of the poor and marginalized, as well as putting controls on the government's arbitrary infringement of an individual's privacy.


Poonam Rawat

Poonam Rawat

Content Writer

Ms. Poonam a dedicated content writer with 2+ year of experience. She is a bachelor in science keenly interested in providing updated information to knowledge seekers.

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