Linking Aadhaar with bank, mobile not backed by law

The Supreme Court on Wednesday quashed the provisions for linking of Aadhaar with bank accounts and mobile number, saying these were not backed by the law.

The apex court's constitution bench in its verdict on linking Aadhaar with bank accounts as per the Rule 9 of the Prevention of Money Laundering (Maintenance of Records) Rules, 2005 and the notifications, said that the provision in the present form does not meet the test of proportionality and, therefore, violates the right to privacy of a person which extends to banking details.

Deactivating the bank account just because of not linking of Aadhaar number would amounts to depriving a person of his property, the order said.

"We find that this move of mandatory linking of Aadhaar with bank account does not satisfy the test of proportionality," the judgement said.

However the judgment said, linking the bank account must be backed by law and which also satisfy following to be proportionate:

(i) it is designated for a proper purpose;

(ii) measures are undertaken to effectuate the limitation are rationally connected to the fulfilment of the purpose;

(iii) there are no alternative less invasive measures; and

(iv) there is a proper relation between the importance of achieving the aim and the importance of limiting the right.

While quashing the provision of mandatory linking the mobile number with Aadhaar, the judgement said the Telecom Department circular issued on March 23, 2017 was illegal and unconstitutional as it is not backed by any law.