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The Aadhaar (Targeted Delivery of Financial and other Subsidies, benefits and services) Act, 2016

The introduction of Aadhaar was an absolute reformation with regard to the identification of the citizens in India. Each and everyone of the country are subjected to provide their identification details to the government for all activities pertaining to the legal and Governmental policies and projects. The Aadhaar identification card became mandatory indispensable part of Indian citizens for in every field required authentic unique identification details irrespective of status of them. The mandatory requirement of Aadhaar on the other hand proved to be beneficial to the citizens through the rendered benefits and services of the Government. This Act was enacted on 25th July 2016 as money bill has a strong legislative support to Aadhaar card amongst all heated arguments, discussions and opposition from various legislative members. The protection of privacy identification details of an individual for obtaining aadhar card is still debatable though Government ensures absolute privacy and security. The act has 59 detailing clauses in eight chapters about the objectives and implementation through Gazette notification. The purpose of the act to render subsidies and other services to an Aadhaar card holder from the consolidated fund is clearly stated at the very beginning of the Act. UIDAI is the absolute authority in enrollment, verification and authentication in issuance process of aadhar card.

Apart from section 8 requiring the personal or private identification information on more than bio-metrics most of the sections of the entire act is adopted from the former National identification authority of India bill 2010. The three member identity review committee NIA bill was removed in the act of 2016. Section 2 of the act deals with the bio-metric and demographic details from the Aadhaar applicant.

Chapter 2 sections deals with the vital process of enrollment requirements of aadhar with all personal identity verification details. Section 28(1) states the UIDAI’s authority to ensure the identification and authentication security records. Further in section 32 it directs UIDAI to maintain authentication records for specified period.

Though UIDAI is directed to ensure identification details of a person according to sec 33(1) a district Judge or higher court can derive personal identification details except core bio-metric information. In clause 33(2) the joint secretary or official of higher rank can also access the identification details pertaining to national security issues provided only through an order from central government.

Chapter 7 enumerates the punishment for providing false information by Aadhaar applicant for 3 years imprisonment and a fine of one lakh rupees. Since the existence of enactment of this act had undergone various controversies and Supreme Court orally observed that Aadhar card is not mandatory for welfare schemes.

The central government had declared Aadhaar card is mandatory for opening bank account and for transactions above 50,000 rupees. Supreme Court also stated that the account holder should submit the Aadhaar card details with the bank. If the provisions of the act is properly implemented it will be a great achievement for the welfare of the citizens.

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