(2018) 255 DLT 1 ::(2018) 12 Scale 1 ::2019 (1) SCC 1 ::(2018) 4 CurCC 1 ::2018 (4) KCCR SN 331 (SC) ::AIR 2018 SC (Supp) 1841

Supreme Court Of India

: AIROnline 2018 SC 237

Hon'ble Judge(s): Dipak Misra, A. K. Sikri, A. M. Khanwilkar, D. Y. Chandrachud, Ashok Bhushan , JJJ

(A) Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act (18 of 2016) , S.2, S.3, S.7, S.30, S.32— Aadhaar (Enrolment and Update) Regulations (2016) , Regn.4— Aadhaar (Authentication) Regulations (2016) , Regn.3, Regn.4, Regn.7, Regn.9, Regn.18, Regn.29— Aadhaar (Data Security) Regulations (2016) , Regn.3, Regn.5— Aadhaar (Sharing of Information) Regulations (2016) , Regn.3, Regn.6— Constitution of India , Art.14, Art.19, Art.21— Constitutional validity of Act - Architecture of Aadhaar as well as provisions of Aadhaar Act do not tend to create surveillance State - Provisions of Act and Regulations relating to collection of data, its retention, storage, use and sharing neither un-constitutional nor violate privacy. Per A.K. SIKRI, J., (For Dipak Misra, C.J.I., himself and A.M. Khanwilkar, J.) Architecture of Aadhaar as well as the provisions of the Aadhaar Act do not tend to create a surveillance state. This is ensured by the manner in which the Aadhaar project operates. Salient features of Adhar structure are as follows:- (i) During the enrolment process, minimal biometric data in the form of iris and fingerprints is collected. The Authority does not collect purpose, location or details of transaction. Thus, it is purpose blind. The information collected, as aforesaid, remains in silos. Merging of silos is pr....