Conference/Seminars/LecturesLaw School News

The Centre for Law and Governance, ILNU was graced by the presence of Dr. Usha Ramanathan, Senior Researcher, she has been an erudite scholar who has contributed a lot in the field of law since decades which begins from being an editor with Eastern Book Company to currently being a most respected independent law researchers in India as she spoke flawless by ‘Dissecting the Contours of Aadhaar Judgement’.
She highlighted how with the change in technology the meaning and implications of privacy have changed. She also said that “Aadhaar is still having all the fears left after the judgement being dealt in different and difficult way when it comes to poor.”
She further discussed controversial sections of the AADHAAR Act such as section 57 and 59 and why there is an underlying threat from these sections. She also talked the apprehensions UID is bringing when dealing with corporate for data sharing, data breaches, privacy issues and the restriction to our freedom by system of mandatory linkage.
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Supreme Court: The Bench comprising of CJ Dipak Misra and AM Khanwilkar, Dr DY Chandrachud and Ashok Bhushan JJ., in an order, refused to take on record the Srikrishna Committee report on data privacy and protection.

Attorney General K K Venugopal stated that the Srikrishna committee report is in the public domain and that if the court wanted the Centre would place the same on record. But CJI on consultation with the other judges on the bench declined to do so.

The Srikrishna Committee laid down the measures that could be adopted in order to protect the personal information of the citizens, the role and duties of the data processors and rights of Individuals along with the penalties for violation of the data protection measures.

[Source: The Pioneer]

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Reserve Bank of India (RBI) has made linking of national biometric ID Aadhaar to bank accounts mandatory as part of its updated ‘Know Your Customer (KYC)’ guidelines. This, however, will be subject to the final decision of the Supreme Court on making of Aadhaar mandatory, RBI stated in its Master Direction – Know Your Customer (KYC) Direction, 2016 (updated as on April 20, 2018).

Till now, an Officially Valid Document (OVD) for address proof together with Permanent Account Number (PAN) issued by the Income Tax Department and a recent passport size photograph were the key KYC documents. But in the amended Customer Due Diligence (CDD) procedure, RBI said, “The Aadhaar number, the PAN or Form No. 60” need to be obtained from an individual who is eligible for applying for the biometric ID. RBI has done away with sections relating to the use of other OVD by banks for address and identity proof.

For residents of Jammu and Kashmir, Assam or Meghalaya, who do not submit Aadhaar or proof of application of enrolment for Aadhaar, the bank may obtain a “certified copy of an OVD containing details of identity and address and one recent photograph,”.

RBI said Aadhaar number shall not be sought from individuals who are not residents. “From an individual who is not eligible to be enrolled for an Aadhaar number, or who is not a resident, the following shall be obtained: PAN or Form No. 60, one recent photograph and a certified copy of an OVD containing details of identity and address.”

In terms of the provisions of Prevention of Money-Laundering Act, 2002 and the Prevention of Money-Laundering (Maintenance of Records) Rules, 2005, Regulated Entities (REs) are required to follow certain customer identification procedures while undertaking a transaction either by establishing an account based relationship or otherwise and monitor their transactions. REs take steps to implement provisions of Prevention of Money-Laundering Act, 2002 and the Prevention of Money-Laundering (Maintenance of Records) Rules, 2005, as amended from time to time, including operational instructions issued in pursuance of such amendment(s).

The revised Master Direction is in accordance with the changes carried out in the PML Rules vide Gazette Notification GSR 538(E) dated June 1, 2017 and thereafter and is subject to the final judgment of the Hon’ble Supreme Court in the case of Justice K.S. Puttaswamy (Retd.)  v. Union of India (Aadhaar case).

Read the Directions HERE.

[RBI/DBR/2015-16/18]

[Master Direction DBR.AML.BC.No.81/14.01.001/2015-16]

Case BriefsHigh Courts

Gujarat High Court: A Division Bench comprising of R. Subhash Reddy, CJ. And Vipul M. Pancholi, J., adjourned a writ petition filed in the form of a public interest litigation seeking directions to permit the students to register themselves for taking Joint Entrance Examination (Main), 2018 and National Eligibility-cum-Entrance Test, 2018.

The petitioner prayed that the students should be allowed to take the above said examinations without quoting Aadhar Number or receipt of application of Aadhar Enrolment ID. In support of the prayer, learned counsel for the petitioner relied on the order passed by the Supreme Court in UIDAI v. CBI, (2017) 7 SCC 157, wherein the Court directed all the Authorities not to make Aadhar compulsory for any requirement. Further, no person shall be deprived of any service for want of Aadhar Number in case he is otherwise eligible/entitled.

While deciding the petition, the High Court took notice of the fact that the JEE examination had already been conducted. Further, the matter relating to Aadhar linkage to various schemes was pending before the Supreme Court. In view of the stated fact, the High Court was not inclined to grant any direction at present. The matter was directed to be placed on board on March 28, 2018. [Patel Abidali Yusufbhai v. Ministry of Human Resource Development, Union of India, WP (PIL) No. 227 of 2017, order dated 27.2.2018]

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Under the provisions of recently introduced section 139AA of the Income Tax Act, 1961 (the Act), with effect from 01.07.2017, all taxpayers having Aadhaar Number or Enrolment Number are required to link the same with Permanent Account Number (PAN). In view of the difficulties faced by some of the taxpayers in the process, the date for linking of Aadhaar with PAN was initially extended till 31st August, 2017 which was further extended upto 31st December, 2017.

It has come to notice that some of the taxpayers have not yet completed the linking of PAN with Aadhaar. Therefore, to facilitate the process of linking, it has been decided to further extend the time for linking of Aadhaar with PAN till 31.03.2018.

Ministry of Finance