India: Aadhaar verdict Black money logic finds no currency in Supreme Court

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September 27 2018

Putting a spoke in the NDA government’s ‘one nation one card’ plan, the Supreme Court struck down mandatory linkage of Aadhaar with bank accounts and mobile SIM cards saying this was “disproportionate and arbitrary”.

Doing away with the 2017 amendment to rules under the Prevention of Money Laundering Act, which mandated linkage of Aadhaar with bank accounts, CJI Dipak Misra and Justices A K Sikri and A M Khanwilkar said, “Under the garb of prevention of money laundering or black money, there cannot be such sweeping provision which targets every resident of the country as a suspicious person. Presumption of criminality is treated as disproportionate and arbitrary.” While Justice D Y Chandrachud quashed Aadhaar, Justice Ashok Bhushan said mandatory linkage of bank accounts with Aadhaar was not unconstitutional.