Question 1
1. Aadhaar metadata cannot be stored for more than three months.
2. State cannot enter into any contract with private corporations for sharing of Aadhaar data.
3. Aadhaar is mandatory for obtaining insurance products.
4. Aadhaar is mandatory for getting benefits funded out of the Consolidated Fund of India.
Which of the statements given above is/are correct?
AOptions
BSolution
Let's analyze each statement:
1. Aadhaar metadata cannot be stored for more than three months. This statement is incorrect. As per UIDAI regulations and Supreme Court pronouncements, authentication transaction logs (a form of metadata) are permitted to be stored for a period of six months. Therefore, the three-month limit is incorrect.
2. State cannot enter into any contract with private corporations for sharing of Aadhaar data. This statement is largely correct in spirit. The Supreme Court's judgment in K.S. Puttaswamy vs. Union of India (2018) significantly restricted the use of Aadhaar by private entities, stating that private companies cannot mandate Aadhaar for services. While the state can use Aadhaar for its schemes, direct sharing of sensitive Aadhaar data with private corporations for commercial purposes is highly restricted and generally prohibited to protect privacy.
3. Aadhaar is mandatory for obtaining insurance products. This statement is incorrect. The Supreme Court's 2018 judgment clarified that Aadhaar cannot be made mandatory for private services. This effectively includes insurance products, unless the insurance is part of a government subsidy or benefit scheme funded by the Consolidated Fund of India, in which case it falls under a different category.
4. Aadhaar is mandatory for getting benefits funded out of the Consolidated Fund of India. This statement is correct. Section 7 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, specifically enables the government to make Aadhaar mandatory for receiving subsidies, benefits, and services that are funded out of the Consolidated Fund of India.
Based on the analysis, statements 2 and 4 are correct.
CStrategy
For questions involving legal and constitutional provisions, especially those with recent amendments or landmark Supreme Court judgments (like Aadhaar), it's crucial to stay updated on the latest rulings and legislative changes. Break down each statement, identify the specific legal or constitutional article/act it refers to, and recall the relevant provisions or judicial interpretations. Pay close attention to keywords like 'mandatory', 'cannot', 'only', etc., as they often highlight the core of the statement's accuracy.
DSyllabus Analysis
This question falls under the Indian Polity and Governance section of the UPSC Prelims syllabus, specifically focusing on fundamental rights, government policies and interventions, and the intersection of technology with law (Aadhaar).
EQuestion Analysis
Medium. This question requires a precise understanding of the Aadhaar Act and the Supreme Court's landmark judgments regarding Aadhaar's usage, making it challenging for those not up-to-date with legal developments.