March,11,2016: The Lok Sabha on Friday passed the Aadhaar bill to provide a unique identity to residents and give legal teeth to the government in ensuring that its subsidies and services directly reach the beneficiaries in entirety.
The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016, was passed by a voice vote after a brief debate, during which Finance Minister Arun Jaitley assured the house that details provided for the card will not be misused in any manner.
When enacted, the bill intends to empower the government in providing targeted services to the intended beneficiaries by assigning them unique identity numbers, called Aadhaar. It will be given to every person who has stayed in India for 182 days in the year preceding the date of application.
Union Finance Minister Arun Jaitley on Friday said 97 per cent adult Indians now have an Aadhaar card and that the bill introduced by him in the Lok Sabha will go a long way in ensuring government subsidies and services directly reach the beneficiaries in entirety.
Initiating a debate on the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016, that was introduced by him in the lower house on March 3, 2016, Jaitley assured members that details provided for the card will not be misused in any manner.
The bill intends to give legal teeth to the government in providing services to those residing in India by assigning them unique identity numbers, called Aadhaar. It will be given to every person who has stayed in India for 182 days in the one year preceding the date of application.
Jaitley also defended the move to turn it into a money bill, as the Opposition Congress objected. The party's floor leader Mallikarjun Kharge said the previous one piloted by his party-led regime in 2010 did not term it as one.
Kharge alleged the government intented to call it a money bill, motivated by an apprehension that the draft legislation may face hurdles in the Rajya Sabha, where the ruling coalition does not enjoy a majority.
But Jaitley said the new bill is "unlike" the previous one moved by the Manmohan Singh government in 2010. The finance minister said its core focus was on the money the government will spend for beneficiaries and not a mere identification document.
"This bill deals with one primary focus and that is: Whoever gets benefit from the Consolidated Fund of India, either state government or the Centre and other institutions -- the person is entitled to have an Aadhaar card," the finance minister said.
Regarding the coverage, he said 67 per cent children are also enrolled and that 5-7 lakh people are being added to the system each day.
Among the other features of the bill, it calls for the government to ask a person to apply for one if he does not have an Aadhaar number, while providing an alternative means of identification. The card can be used as proof of identity, for not as a proof of citizenship or domicile.
Jaitley said the Aadhaar number will not be misused since the overseeing authority can respond to an authentication query only with a positive, negative or other appropriate response. He said it is not permitted to share the biometric attributes. These include finger prints and iris scans.
Moving the bill for consideration and passage earlier, Jaitley said targeted subsidy through Aadhar cards of LPG consumers had resulted in savings of over Rs 15000 crore at the Centre. Four states which had started PDS delivery by a similar exercise on a pilot basis, had saved more than Rs 2300 crore.
Last week, Parliamentary Affairs Minister M Venkaiah Naidu had said the passage of the Bill would save Rs 20,000 crore by avoiding subsidies taken by the undeserving.
The Bill provides for statutory backing to Aadhaar scheme for transferring government subsidies and benefits. It provides for “good governance, efficient, transparent and targeted delivery of subsidies, benefits and services, the expenditure for which is incurred from the Consolidated Fund of India, to individuals residing in India through assigning of unique identity numbers to such individuals”, a summary of the bill said. Giving statutory backing to Aadhaar will enable the use of the identification number for better targeting of subsidies.
Jaitley said discussion on the institution of Aadhar has been going on for over seven years after the then UPA government approved a bill in September, 2010 and introduced it in Parliament that December.
The details can be shared only under two circumstances: National security and court order.
The bill also calls for an imprisonment of up to three years and the minimum fine of Rs.10 lakh on a person for extending unauthorised access to the centralised data-base -- or for revealing any information stored in it.
Salient Features of the Bill-
- The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016 was introduced by Minister of Finance, Mr. Arun Jaitley, in Lok Sabha on March 3, 2016. The Bill intends to provide for targeted delivery of subsidies and services to individuals residing in India by assigning them unique identity numbers, called Aadhaar numbers.
- Eligibility: Every resident shall be entitled to obtain an Aadhaar number. A resident is a person who has resided in India for 182 days, in the one year preceding the date of application for enrolment for Aadhaar.
- Information to be submitted: To obtain an Aadhaar number, an individual has to submit his, (i) biometric (photograph, finger print, iris scan) and (ii) demographic (name, date of birth, address) information. The Unique Identification Authority (UID) may specify other biometric and demographic information to be collected by regulations.
- Enrolment: At the time of enrolment, the individual will be informed of, (i) the manner in which the information will be used, (ii) the nature of recipients with whom the information will be shared, and (iii) the right to access this information. After verification of information provided by a person, an Aadhaar number will be issued to him.
- Use of Aadhaar number: To verify the identity of a person receiving a subsidy or a service, the government may require them to have an Aadhaar number. If a person does not have an Aadhaar number, government will require them to apply for it, and in the meanwhile, provide an alternative means of identification. Any public or private entity can accept the Aadhaar number as a proof of identity of the Aadhaar number holder, for any purpose. Aadhaar number cannot be a proof of citizenship or domicile.
- Functions and composition of authority: The key functions of the UID authority include, (i) specifying demographic and biometric information to be collected during enrolment, (ii) assigning Aadhaar numbers to individuals, (iii) authenticating Aadhaar numbers, and (iv) specifying the usage of Aadhaar numbers for delivery of subsidies and services. The UID authority will consist of a chairperson, two part-time members and a chief executive officer. The chairperson and members are required to have experience of at least ten years in matters such as technology, governance, etc.
- Authentication: The UID authority will authenticate the Aadhar number of an individual, if an entity makes such a request. A requesting entity (an agency or person that wants to authenticate information of a person) has to obtain the consent of an individual before collecting his information. The agency can use the disclosed information only for purposes for which the individual has given consent.
- Response to authentication query: The UID authority shall respond to an authentication query with a positive, negative or other appropriate response. However, it is not permitted to share an individual’s finger print, iris scan and other biological attributes.
- Authentication record maintained by UID authority: The UID authority shall record the entity requesting verification of a person’s identity, the time of request and the response received by the entity. The purpose for which an individual's identity needs to be verified will not be maintained.
- Protection of information: Biometric information such as an individual’s finger print, iris scan and other biological attributes (specified by regulations) will be used only for Aadhaar enrolment and authentication, and for no other purpose. Such information will not be shared with anyone, nor will it be displayed publicly, except for purposes specified by regulations.
- Cases when information may be revealed: In two cases, information may be revealed:
- In the interest of national security, a Joint Secretary in the central government may issue a direction for revealing, (i) Aadhaar number, (ii) biometric information (iris scan, finger print and other biological attributes specified by regulations), (iii) demographic information, and (iv) photograph. Such a decision will be reviewed by an Oversight Committee (comprising Cabinet Secretary, Secretaries of Legal Affairs and Electronics and Information Technology) and will be valid for six months.
- On the order of a court, (i) an individual’s Aadhaar number, (ii) photograph, and (iii) demographic information, may be revealed.
- Offences and penalties: A person may be punished with imprisonment upto three years and minimum fine of Rs 10 lakh for unauthorised access to the centralized data-base, including revealing any information stored in it. If a requesting entity and an enrolling agency fail to comply with rules, they shall be punished with imprisonment upto one year or a fine upto Rs 10,000 or Rs one lakh (in case of a company), or with both.
- Cognizance of offence: No court shall take cognizance of any offence except on a complaint made by the UID authority or a person authorised by it.
Aadhaar Bill, 2016
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