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In the Aadhaar judgment (Puttaswamy, 2018), the Supreme Court applied the proportionality test to balance privacy rights with state interests. Which use of Aadhaar was upheld as proportionate?
- Mandatory linking with bank accounts and mobile numbers
- Authentication for welfare schemes funded from Consolidated Fund and PAN-Aadhaar linking for tax purposes
- Mandatory use for school admissions and NEET/JEE exams
- All uses were struck down as disproportionate
Answer: Authentication for welfare schemes funded from Consolidated Fund and PAN-Aadhaar linking for tax purposes
Puttaswamy (2018) Aadhaar proportionality analysis: (a) Context: Challenge to Aadhaar scheme's mandatory authentication requirements based on right to privacy under Article 21, (b) Proportionality analysis: (i) Legitimate aim: Prevent leakage in welfare delivery, curb tax evasion, (ii) Rational connection: Biometric authentication reduces identity fraud, ensures targeted welfare delivery, (iii) Necessity: Less restrictive alternatives considered; authentication necessary for large-scale welfare, tax compliance, (iv) Balancing: Benefits (efficient welfare, tax compliance) outweigh privacy intrusion for specified uses, (c) Upheld uses: (i) Authentication for welfare schemes funded from Consolidated Fund (ensures benefits reach intended beneficiaries), (ii) PAN-Aadhaar linking for tax purposes (curbs tax evasion, black money), (d) Struck down uses: (i) Mandatory linking with bank accounts, mobile numbers (disproportionate privacy intrusion), (ii) Mandatory use for school admissions, NEET/JEE exams (disproportionate for children's privacy), (e) Rationale: (i) Calibrated balancing: Proportionality enables nuanced assessment of privacy restrictions, not absolute prohibition or unlimited state power, (ii) Rights protection: Ensures restrictions justified, not arbitrary; core privacy protected against disproportionate intrusion, (iii) Welfare efficiency: Enables efficient welfare delivery while protecting privacy through calibrated safeguards, (f) Illustrates sophisticated judicial review: Proportionality test enables courts to balance rights vs. state interests; ensures restrictions are justified, necessary, balanced, not arbitrary or overbroad.