Supreme Court upholds the constitutional validity of the Aadhaar Act, 2016
The Supreme Court, in Justice K.S. Puttaswamy (Retd.) v. Union of India has upheld the constitutional validity of the Aadhaar Act 2016, while at the same time striking down some provisions and reading down some others. Although the judgment is quite expansive in its scope, the provisions struck down include Section 33(2), which allowed disclosure of Aadhaar information to certain government officials, and Section 57, which allowed private players to require Aadhaar information from citizens. On the other hand, the provision mandating linking of an individual’s Aadhaar Card and PAN card (Section 139 AA of the Income Tax Act) was held valid.
Striking down of Section 57 could have major repercussions for private entities relying on Aadhar-based e-KYC procedures, and the impact on industry because of this development may be huge. We await further clarity in this regard.
Supreme Court allows live streaming of cases of constitutional importance
The Supreme Court, in Swapnil Tripathi v. Supreme Court of India has allowed the live streaming of cases of constitutional importance that may be argued in the court of the Chief Justice of India. The Supreme Court will soon frame the necessary rules and guidelines in this regard.
Cabinet approves the National Digital Communications Policy 2018 and re-designates the Telecom Commission as the “Digital Communications Commission”.
The Union Cabinet chaired by the Prime Minister has approved the National Digital Communication Policy 2018 and has re-designated the Telecom Commission as the “Digital Communications Commission. The key objectives of this policy include: (i) broadband for all; (ii) enhancing the contribution of the digital communications sector to 8% of India’s GDP from the 6% mark achieved in 2017; and (iii) ensuring digital sovereignty in India. The policy is targeting achieving these objectives by 2022.