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O2i, C 7 Lita-Ii, C F=4--H-I--- E.,, Qt-)2 // ?)-R01 -0-5/3Rrear-4- (O=Zn-0)-107-03/2015

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I (crxrfiTr- Yikertt) pita 1-1 I It* 3.11' 250 Traft 3-cr f=a-wrF mrzfqF., 3rrawr- rk-a-rt (:)f 111-4d 1,4.241 3.111-A" Raft 311tEdTZT chl4i T4:13t 3ffara" WTOIV 3-TTFTFi tri:Afrqa" ch•O 411 011Q4 ,21,c) c- '?> 11 ,41ch ("41 ,04L6, mrto tro dAJ-11 u I IdTh-1-4T Licoi 14c-i I 3 9-trt.r f= rl(Id0-I (Query) chi ui *t a-4-fflt-C ITT 3-117Mtg c* ii i oilzi I aft ft*Nrazzso 2/3/2016 (ti—S tr3 )—}J -1/J troPP(' tlx11.1 - -r Id4 3TWI r tit*, 1Tr.g.t. ‘49 04.511- c61 at xv-ir flr:.i1llg1 fOrm 9611-izict) .cr4 Thxt -r qtr fdRitc trs- -qm liAcirog (13Trittqa114) Dr. Ajay Bhushan Pandey, IAS Government of India f1,9-44 ,rRA Director General & Mission Director Ministry of Communications & IT Department of Electronics & Information Technology (DeitY) Unique Identification Authority of India (UIDAI) o. 13012/20/1.ega1/2012-111DAI (Pt. IV) 9th December 2015 u may he aware that the Hon'ble Supreme Court of India in W.P. No. 494 of ected cases collectively referred to as the "Aadhaar Matters" had passed an der dated 11.08.2015 wherein it had restricted the usage of Aadhaar to cr91- ;% u ti on of food grains, kerosene etc through PDS and LPG Distribution system. Judge Bench headed by Hon'ble CJI, while hearing the Cliirification Application filed by UIDAI and the [As filed by various . t I 44, ybonne • nd some states, had vide its order dated 15.10.2015 extended the A [ cAAiteitSaar to four more schemes viz. MGNREGS, NSAP, PMJDY and EPFO, in sktition to PDS and LPG without diluting the earlier order passed by the Court. 3. • The said order of 15.10.2015 reiterated that (i) the Union of India shall strictly follow all the earlier orders passed by this Court commencing from 23.09.2013, & (ii) that the Aadhaar card Scheme is purely voluntary and it cannot be made mandatory till the matter is finally decided by this Court one way or the other. vlYfie I 4. In light of the above orders of the Hon'ble Supreme Court, clarifications and opinion of the I.d. Attorney General was sought on the usage of Aadhaar and further course of action since the setting up of the constitutional bench is likely to take considerable time. 5. The main clarifications sought were whether the resident can use his own Aadhaar voluntarily for the purpose of his identification and authentication; whether the Government can implement DBT schemes if they are channelized through PMJDY accounts; whether biometrics of individuals can be shared with govt. agencies and deptts. for implementation of welfare programmes; whether it would be permissible to provide access to the Aadhaar database to government agencies/ departments enabling them to locate details of persons whose Aadhaar number is not known by matching of demographic details; whether Govt. deptts. and agencies can continue seeding Aadhaar on voluntary basis into their beneficiary database. 10. '44 3rd Floor, Tower-II, Jeevan Bharati Building, Connaught Circus, New Delhi - 110001 Tel:- 23752675 Fax : 23752679 www.uidai.gov.in email: [email protected] w-4-4 Rwago-r- 31-17 AADHAAR Website - 2 - the issues raised as follows: 6. The Ld. AG was pleased to opine in writing on cardholder is (a) Voluntary use for purpose of identification by an Aadhaar valid; (b) Channelising DBT Scheme through PMJDY would be permissible; (c) Sharing of biometric data is prohibited; (d) Providing access to the Aadhaar database to government agencies/departments enabling them to locate details of persons whose Aadhaar number is not known by matching of demographic details, is completely prohibited; and, (e) Seeding is permissible if it is voluntary by an Aadhaar cardholder. is herewith attached along 7. The extract of the opinion of the Ld Attorney General with our queries, for your perusal. 8. You may like to consider the above and take necessary action accordingly. S Yours sincerely, (Dr. Ajay Bhushan Pandey) Shri Anjani Kumar Singh, Chief Secretary, Government of Bihar, Old Secretariat, Patna-800 015 Encl: as above EXTRACT OF THE CLARIFICATION SOUGHT AND THE OPINION OF THE LD ATTORNEY GENERAL Query (a). Whether in light of the above interim orders, a resident can use his own Aadhaar voluntarily for the purpose of his identification and authentication and if so, whether the authorities can accept the said Aadhaar as the resident's proof of identity. The interim orders seek to restrain the respondents or the government authorities from using Aadhaar apart from the permitted uses mentioned in the orders; however, the same restriction is not extended to the residents. For example, if a person uses his Aadhaar card as proof of identity in an airport or to authenticate his identity as part of a government application, can the airport authorities/ relevant government authorities accept Aadhaar as the person's proof of identity or ask him to produce some other ID. Opinion of Ld AG. Yes. Voluntary use of purposes of identification by an Aadhaar card holder, say at the airport, is valid and it is not necessary to ask for production of some other ID. Query (b). Whether, in light of the fact that the Hon'ble Supreme Court has allowed use of Aadhaar in the Prime Minister's Jan Dhan Yojana (PMJDY) Scheme, an umbrella scheme, which prescribes for channeling all Government benefits through beneficiaries' Jan Dhan accounts, can the Government implement Direct Benefit Transfer schemes of Government of India if they are channeled through PMJDY accounts. Opinion of Ld AG. Channelizing Govt benefits ie. DBT Schemes through PMJDY would be in line with the Order of the Supreme Court dt 15.10.2015. Query (c). For implementation of the welfare programmes, various government agencies and departments have requested UIDAI for biometric information of the individuals who had given their consent for sharing their data at the time of Aadhaar enrolment or subsequently. In light of the interim orders stated above, whether biometrics of such individuals can be shared with the requesting entities. Opinion of Ld AG. No. Sharing of biometric data is prohibited. Query (d). Various government agencies/departments have requested for access to the Aadhaar database to locate the details of the person whose Aadhaar number is not known by matching the demographic details. In light of the abovementioned interim orders, whether enabling access to the Aadhaar database, in such cases, would be permissible. Opinion of Ld AG. No. There is complete prohibition. Query (e). Whether, Government departments and agencies can continue seeding Aadhaar on voluntary basis into their beneficiary database. Opinion of Ld AG. Yes, please refer to answer (a). *** 1/58452/2015 54/54 Z?q6. 9). No. K-11011/03/2014-RE-I (336008) Government of India Department of Rural Development (MGNREGA Division) Krishi Bhawan, New Delhi Dated: 07th December, 2015 "The Principal Secretary/Secretary (In-Charge of MGNREGA) Rural Development Department (All States/UTs) Sub: Guidance on the interim orders of the Hon'ble Supreme Court dated 11-08- 2015 and 15- 10-2015 in W.P. 494 of 2012 and other related matters. Sir/ Madam, I am directed to forward herewith a copy of OM No. 10(36)/2015-EG-II (part- IV) dated 1" December, 2015 received from Department of Electronics & Information ,otc.• Technology on the subject "Guidance on the interim orders of the Hon'ble Supreme 1 Court dated 11-08-2015 and 15-10-2015 in W.P. 494 of 2012 and other r d 1 ,.),•■A\14natters" for kind information and guidance on the matter. <1. Yours faithfully End: As above (Ram Raj Meena) Under Secretary to the Govt. of India Telephone: 23382406 Copy to 1. PS to JS(RE) 2. All Director/ DS/ US/ AC, MGNREGA Division 3. Sr. Technical Director (NIC) 4. All UNDP Project Officer, MGNREGA Division 129384/2015/RURAL EMPLOYEMENT(RE) ir7 50/54 lyotsana.
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