The Lok Sabha on Friday passed the Aadhaar (Targeted Delivery
of Financial and Other Subsidies, Benefits and Services) bill, 2016 as a
money bill.
The bill seeks to make the use of the Aadhaar number mandatory for availing government subsidies, and addresses concerns regarding privacy and protection of personal information.
The NDA Government is hopeful that making the Aadhaar number mandatory
will help plug leakages and bring down its subsidy bill, which has been
budgeted at Rs.2.5 trillion in 2016-17
The NDA Government on Friday March 11,2016 passed the Aadhaar bill in Lok Sabha, despite
vociferous protests from the opposition parties, who didn’t want it
passed as a 'money bill'
The amendments moved by opposition members have been accepted in the Rajya Sabha thereby making it mandatory for the bill to be sent back to the Lok Sabha for consideration.
The opposition leaders had questioned the bill's validity after it was passed by Lok Sabha as a money bill.
The Congress and other opposition parties on Wednesday March 16,2016 made a strong pitch against the overall nature of the Aadhaar Bill expressing their reservation on presenting it as a money bill.
Most of the amendments put to vote were moved by Congress leader Jairam Ramesh. Ramesh also ensured the division of votes in the House to make sure the amendments to the bill are accepted and the bill is sent back to the lower house - Lok Sabha
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.
Enrollment: 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.
What are money bills?
Money Bills are those that contain provisions regarding taxation, borrowing of money by the government and expenditures or contributions to the Consolidated Fund of India.
As per the Constitution, the Rajya Sabha cannot make amendments to a Money Bill once it’s passed by the Lok Sabha.
However, it may recommend amendments to the Money Bill and return it to the Lok Sabha within 14 days from the date of receipt.
The Lok Sabha is then free to accept or reject these recommendations. If accepted, the bill is said to be passed by both Houses of Parliament.
If the Lok Sabha chooses to not accept the recommendations suggested by the Rajya Sabha, it would be deemed to have been passed in the form it was originally passed.
The bill would meet with the same fate if the Rajya Sabha fails to return it within 14 days.
Once a money bill has been passed by both houses of Parliament, it goes to the President for his signature.
What is Aadhaar?
It is a 12 digit biometric auto-generated unique identity number created after taking one’s finger prints and iris scan. The biometric data collected is sent to the Bangalore office of UIDAI for de-duplication, meaning that two persons cannot have same Aadhaar number. There is a detailed protocol for collecting and storing biometric data of each Indian resident.
How to enroll for Aadhaar?
Any person above the age of five is eligible for getting enrolled in Aadhaar. The government has listed number of documents such as driver’s licence, passport and electricity bill as proof of residence. Those not having any documents can be introduced by a person having an Aadhaar number. The government considers it as a proof of identity but not of address.
What Aadhaar does?
Aadhaar number is the window to avail government benefits and subsidies. The proposed law clearly states that only those who have Aadhaar will get government benefits. A large number of states now seek Aadhaar number for registration of property, for getting driving license, marriage certificate and even ration card.
What is Aadhaar authentication?
Government agencies can authenticate one’s home and demographic details instantly through online Aadhaar authentication system. The system replies only in Yes or No without sharing any details with the agency. However, the bill provides that if needed authorities can seek more information but after taking consent of Aadhaar number holder.
What the Aadhaar bill says?
The bill for the first time defines privacy and says that while enrolling a person should be informed the purpose for which the information was being collected. It also provides for prior consent of a person for sharing his or her personal information and that biometric data not to be shared with anyone. The privacy provision can be exempted only for national security. The bill also provides penalties for theft of data and its misuse.
Timeline of the key milestones on the Aadhaar road
2006: The ministry of communications and information technology approves the ‘Unique ID for Below Poverty Line (BPL) families’ project under the chairmanship of Arvind Virmani, then principal adviser, Planning Commission.
2008: Empowered group of ministers formed by former Prime Minister Manmohan Singh decides to collate two schemes—the National Population Register under the Citizenship Act, 1955 and the UID project—to conceive Aadhaar.
2009: Planning Commission issues a notification to constitute the Unique Identification Authority of India (UIDAI).
2009: Government appoints Infosys co-founder Nandan M. Nilekani as the first chairman of the Unique Identification Authority of India, with the rank and status of a cabinet minister.
2012: Former Karnataka high court judge justice K. Puttaswamy files a public interest litigation before the Supreme Court (SC) seeking to restrain the centre, the erstwhile Planning Commission and UIDAI from issuing Aadhaar cards. The petitioner says Aadhaar violates an individual’s right to privacy and that the scheme lacks legislative backing.
2014: In an interim order, the SC restrains the UIDAI from transferring biometric information with an Aadhaar number to any other agency without the individual’s consent in writing.
2015: Three-judge bench of Supreme Court rules the unique identity number is not mandatory to avail of benefits from government programmes, restricting the use of Aadhaar unique identity numbers to beneficiaries of the public distribution system and subsidies on cooking gas and kerosene, refers the question on privacy to a larger constitution bench.
Centre moves SC seeking a review and modification of the 11 August interim order.
A five-judge constitution bench of the SC modifies the 11 August order and extends the use of Aadhaar to Mahatma Gandhi National Rural Employment Guarantee Scheme, Jan Dhan Yojana, pensions and the Employees’ Provident Fund scheme.
2016: Arun Jaitley announces in the Union budget speech that the government will offer statutory backing for Aadhaar.
Government tables Aadhaar bill as a money bill in the Lok Sabha. The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill seeks to make the use of Aadhaar mandatory for availing of government subsidies.
Lok Sabha passes bill on Friday, 11 March
The bill seeks to make the use of the Aadhaar number mandatory for availing government subsidies, and addresses concerns regarding privacy and protection of personal information.
Aadhaar Bill amended in Rajya Sabha, to be sent back to Lok Sabha
The amendments moved by opposition members have been accepted in the Rajya Sabha thereby making it mandatory for the bill to be sent back to the Lok Sabha for consideration.
The opposition leaders had questioned the bill's validity after it was passed by Lok Sabha as a money bill.
The Congress and other opposition parties on Wednesday March 16,2016 made a strong pitch against the overall nature of the Aadhaar Bill expressing their reservation on presenting it as a money bill.
Most of the amendments put to vote were moved by Congress leader Jairam Ramesh. Ramesh also ensured the division of votes in the House to make sure the amendments to the bill are accepted and the bill is sent back to the lower house - Lok Sabha
Salient features of Aadhaar bill for targeted subsidy disbursal
The NDA Government has said that the Aadhaar (Target Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016 will help save thousands of crore rupees by routing subsidy through the Aadhaar system
The Bill gives statutory backing to the unique identity number scheme.
A key bill making Aadhaar the basis for disbursal of all subsidies was passed by the Lok Sabha on Friday March 11,2016
Salient Feature
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.
Enrollment: 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.
What are money bills?
Money Bills are those that contain provisions regarding taxation, borrowing of money by the government and expenditures or contributions to the Consolidated Fund of India.
As per the Constitution, the Rajya Sabha cannot make amendments to a Money Bill once it’s passed by the Lok Sabha.
However, it may recommend amendments to the Money Bill and return it to the Lok Sabha within 14 days from the date of receipt.
The Lok Sabha is then free to accept or reject these recommendations. If accepted, the bill is said to be passed by both Houses of Parliament.
If the Lok Sabha chooses to not accept the recommendations suggested by the Rajya Sabha, it would be deemed to have been passed in the form it was originally passed.
The bill would meet with the same fate if the Rajya Sabha fails to return it within 14 days.
Once a money bill has been passed by both houses of Parliament, it goes to the President for his signature.
What is Aadhaar?
It is a 12 digit biometric auto-generated unique identity number created after taking one’s finger prints and iris scan. The biometric data collected is sent to the Bangalore office of UIDAI for de-duplication, meaning that two persons cannot have same Aadhaar number. There is a detailed protocol for collecting and storing biometric data of each Indian resident.
How to enroll for Aadhaar?
Any person above the age of five is eligible for getting enrolled in Aadhaar. The government has listed number of documents such as driver’s licence, passport and electricity bill as proof of residence. Those not having any documents can be introduced by a person having an Aadhaar number. The government considers it as a proof of identity but not of address.
What Aadhaar does?
Aadhaar number is the window to avail government benefits and subsidies. The proposed law clearly states that only those who have Aadhaar will get government benefits. A large number of states now seek Aadhaar number for registration of property, for getting driving license, marriage certificate and even ration card.
What is Aadhaar authentication?
Government agencies can authenticate one’s home and demographic details instantly through online Aadhaar authentication system. The system replies only in Yes or No without sharing any details with the agency. However, the bill provides that if needed authorities can seek more information but after taking consent of Aadhaar number holder.
What the Aadhaar bill says?
The bill for the first time defines privacy and says that while enrolling a person should be informed the purpose for which the information was being collected. It also provides for prior consent of a person for sharing his or her personal information and that biometric data not to be shared with anyone. The privacy provision can be exempted only for national security. The bill also provides penalties for theft of data and its misuse.
Timeline of the key milestones on the Aadhaar road
2006: The ministry of communications and information technology approves the ‘Unique ID for Below Poverty Line (BPL) families’ project under the chairmanship of Arvind Virmani, then principal adviser, Planning Commission.
2008: Empowered group of ministers formed by former Prime Minister Manmohan Singh decides to collate two schemes—the National Population Register under the Citizenship Act, 1955 and the UID project—to conceive Aadhaar.
2009: Planning Commission issues a notification to constitute the Unique Identification Authority of India (UIDAI).
2009: Government appoints Infosys co-founder Nandan M. Nilekani as the first chairman of the Unique Identification Authority of India, with the rank and status of a cabinet minister.
2012: Former Karnataka high court judge justice K. Puttaswamy files a public interest litigation before the Supreme Court (SC) seeking to restrain the centre, the erstwhile Planning Commission and UIDAI from issuing Aadhaar cards. The petitioner says Aadhaar violates an individual’s right to privacy and that the scheme lacks legislative backing.
2014: In an interim order, the SC restrains the UIDAI from transferring biometric information with an Aadhaar number to any other agency without the individual’s consent in writing.
2015: Three-judge bench of Supreme Court rules the unique identity number is not mandatory to avail of benefits from government programmes, restricting the use of Aadhaar unique identity numbers to beneficiaries of the public distribution system and subsidies on cooking gas and kerosene, refers the question on privacy to a larger constitution bench.
Centre moves SC seeking a review and modification of the 11 August interim order.
A five-judge constitution bench of the SC modifies the 11 August order and extends the use of Aadhaar to Mahatma Gandhi National Rural Employment Guarantee Scheme, Jan Dhan Yojana, pensions and the Employees’ Provident Fund scheme.
2016: Arun Jaitley announces in the Union budget speech that the government will offer statutory backing for Aadhaar.
Government tables Aadhaar bill as a money bill in the Lok Sabha. The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill seeks to make the use of Aadhaar mandatory for availing of government subsidies.
Lok Sabha passes bill on Friday, 11 March
No comments:
Post a Comment