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Section 7 of the Aadhaar Act: Aadhaar as a condition for subsidies

By CAShorts DeskPublished Source: Gazette of India (2019 Amendment Act), UIDAI, Supreme Court Observer, The Tribune, Swarajya, BW Businessworld

Section 7 of the Aadhaar Act: Aadhaar as a condition for subsidies
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Section 7 of the Aadhaar Act, 2016 lets the Centre or a State make Aadhaar a condition for a subsidy, benefit or service paid from the Consolidated Fund, while offering other identification to anyone without a number. The Supreme Court upheld it in 2018. Delhi has now invoked it to require Aadhaar for its electricity subsidy.

Syllabus: Prelims · Polity & Governance; GS2 · Government Policies; GS2 · Governance & e-Governance

Why this matters for UPSC

GS2 polity and governance: section 7 of the Aadhaar Act, 2016, the limits set in Puttaswamy (2018) and the right to privacy. Prelims can ask what section 7 covers and what UIDAI is; Mains, about exclusion in welfare delivery.

In short

Section 7 of the Aadhaar Act, 2016 lets governments make Aadhaar a condition for subsidies paid from the Consolidated Fund, balancing targeted welfare against exclusion and the right to privacy.

How section 7 worksCentral or aStateGovernmentConsolidatedFund ofIndiaclaimantauthenticatesapplies forenrolmentalternateand viablemeans of identification

Section 7 is valid because it guards public money; its legitimacy rests on no eligible person losing a benefit for want of a working fingerprint.

Why it matters

A Delhi household that gets free or cheaper electricity will now have to show an Aadhaar number, or the slip it received on applying for one, to keep that help. For most families this means one number in place of several papers, and less room for fake or duplicate claimants who drain public money. For someone whose fingerprints do not match at a machine, or who never enrolled, the risk is losing a benefit they are entitled to, which is why the law insists on another way to prove identity. The larger question is how far the State may tie welfare to a single digital identity while keeping that identity voluntary everywhere else.

Prelims pointers

  • Section 9, Aadhaar Act, 2016: an Aadhaar number or its authentication confers no right of, and is no proof of, citizenship or domicile.
  • Section 2(v): a 'resident' has lived in India for 182 days or more in the twelve months before applying for enrolment.
  • Section 12: UIDAI has a Chairperson, two part-time Members and the chief executive officer as Member-Secretary; section 11 fixes its head office in New Delhi.
  • Section 3A (inserted 2019): a child is enrolled with parental consent and may seek cancellation within six months of turning eighteen.
  • Section 4(7) (inserted 2019): mandatory authentication for a service is allowed where a law made by Parliament requires it.
  • Puttaswamy (2018): Aadhaar-PAN linking under section 139AA of the Income-tax Act, 1961 upheld; compulsory bank account and mobile SIM linking struck down.
  • Article 110(3): the Speaker of the Lok Sabha decides finally whether a Bill is a Money Bill; the Aadhaar Act, 2016 was passed as one.

Practise a UPSC-style question

With reference to section 7 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, consider the following statements:

1. The words covering the Consolidated Fund of a State were inserted into section 7 by the Supreme Court's 2018 Aadhaar judgment.

2. A person to whom no Aadhaar number has been assigned must be offered alternate and viable means of identification.

3. Section 7 applies to a subsidy, benefit or service whose expenditure is incurred from the Consolidated Fund of India.

Which of the statements given above is/are correct?

  1. (a) 1 and 2 only
  2. (b) 2 and 3 only
  3. (c) 1 and 3 only
  4. (d) 1, 2 and 3
Show the answer

Answer: (b) 2 and 3 only

Answer: (b) 2 and 3 only. Section 7 covers Consolidated Fund spending and has a proviso for those without a number; the State-fund words came from Parliament.

Statement 1: incorrect. The words "or the Consolidated Fund of State" were inserted by the Aadhaar and Other Laws (Amendment) Act, 2019, passed by Parliament; a court does not insert words into a statute.

Statement 2: correct. The proviso to section 7 requires that an individual not assigned a number be offered alternate and viable means of identification.

Statement 3: correct. Section 7 applies where the expenditure is incurred from, or the receipt forms part of, the Consolidated Fund of India (and, since 2019, of a State).

Eliminate: statement 1 is surest wrong, because only Parliament amends an Act. Out: (a), (c), (d).

Trap: Swapped attribution. A true change to section 7 is credited to the Supreme Court instead of the 2019 Amendment Act of Parliament.

Remember: Section 7 = Consolidated Fund of India or of a State (2019) + alternate identification proviso.

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