Ministry of Electronics & IT
Plastic or PVC Aadhaar Smart Card is not usable: UIDAI

The Unique Identification Authority of India (UIDAI) said today in a statement that the Plastic or PVC Aadhaar smart cards are often not usable as the QR code commonly becomes dysfunctional during such unauthorised printing at some vendor/shop. Also, there could be a possibility of sharing Aadhaar details (personal sensitive demographic information) without informed consent with some devious elements.

UIDAI reiterated that Aadhaar letter or its cutaway portion or downloaded versions of Aadhaar on ordinary paper or mAadhaar are perfectly valid and people should not yearn for the so-called Aadhaar smart card as it may make them fall to the ploys of some unscrupulous elements who are printing Aadhaar on a plastic/PVC sheet and charging anywhere between Rs.50 to Rs.300 or more.

UIDAI has asked people to keep away from such elements/shops/vendors. Dr. Ajay Bhushan Pandey, CEO, UIDAI said, “So-called Aadhaar Smart card is totally unnecessary and a waste as during such printing its QR code often becomes dysfunctional. The Aadhaar card or the downloaded Aadhaar card printed on ordinary paper or mAadhaar is perfectly valid for all kind of uses.”

“If a person has a paper Aadhaar card, there is absolutely no need to get his/her Aadhaar card laminated or obtain a plastic Aadhaar card or so called smart Aadhaar card by paying money. There is no concept such as smart or plastic Aadhaar card”, added Dr. Pandey.

In case a person loses his Aadhaar card, he can download his Aadhaar card free of cost from https://eaadhaar.uidai.gov.in. The print out of the downloaded Aadhaar card, even in black and white form, is as valid as the original Aadhaar letter sent by UIDAI. There is absolutely no need to print it on plastic/PVC card or get it laminated.

CEO, UIDAI advised people to be watchful for the protection of their privacy and recommended not to share their Aadhaar number or personal details to unauthorized agencies for getting it laminated, or printed on plastic card.

UIDAI has cautioned unauthorized Agencies not to collect Aadhaar information from general public for printing of Aadhaar card as collecting such information or unauthorized printing of Aadhaar card or aiding such persons in any manner amounts to a criminal offence punishable with imprisonment under Indian Penal Code and Aadhaar Act, 2016.

Source: PIB News

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Press Information Bureau
Government of India
Ministry of Railways

13-September-2017 16:34 IST

Ministry of Railways permits m-Aadhar as one of the prescribed proofs of Identity for Rail Travel Purpose.

Ministry of Railways has decided to permit m- Aadhar (Aadhar card on mobile app namely m- Aadhar launched by UIDAI) as one of the prescribed proofs of Identity for Rail Travel purpose in any reserved class.

m-Aadhar is a mobile app launched by UIDAI on which a person can download his/her Aadhar Card. It can be done only on the mobile number to which Aadhar has been linked. For showing Aadhar, the person has to open the app and enter his/ her password to show the Aadhar Card.

m-Aadhar when shown by the passenger on his/her mobile after entering the password should be accepted as proof of identity for undertaking journey in any reserved class over Indian Railways. It is effective from 8th September 2017.

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Press Information Bureau
Government of India
Ministry of Finance

10-June-2017 18:42 IST

Following are the major highlights of the Hon’ble Supreme Court of India’s Judgement on Aadhar PAN Linkage

1. The Hon’ble Supreme Court of India in its Landmark Judgement has upheld Section139AA of the Income Tax Act,1961 as constitutionally valid which required quoting of the Aadhaar number in applying for PAN as well as for filing of income tax returns.

2. The Hon’ble Court also held that the “Parliament was fully competent to enact Section 139AA of the Act and its authority to make this law was not diluted by the orders of this Court.” Therefore, no violation of the earlier Supreme Court orders were found in enacting the provision.

3. The Hon’ble Court has also held that Section 139AA of the Act is not discriminatory nor it offends equality clause enshrined in Article 14 of the Constitution.

4. Section 139AA is also not violative of Article 19(1)(g) of the Constitution in so far as it mandates giving of Aadhaar number for applying PAN and in the income tax returns and linking PAN with Aadhaar number.

5. Section 139AA(1) of the Income Tax Act,1961 as introduced by the Finance Act, 2017 provides for mandatory quoting of Aadhaar/Enrolment ID of Aadhaar application form, for filing of return of income and for making an application for allotment of PAN with effect from 1st July, 2017.

6. Section 139AA(2) of the Income Tax Act,1961 provides that every person who has been allotted PAN as on the 1st day of July, 2017, and who is eligible to obtain Aadhaar, shall intimate his Aadhaar on or before a date to be notified by the Central Government. The proviso to section 139AA (2) provides that in case of non-intimation of Aadhaar, the PAN allotted to the person shall be deemed to be invalid from a date to be notified by the Central Government.

7. The Hon’ble Supreme Court has upheld Section 139AA(1) which mandatorily requires quoting of Aadhaar for new PAN applications as well as for filing of returns.

8. The Hon’ble Supreme Court has also upheld Section 139AA(2) which requires that the Aadhaar number must be intimated to the prescribed authority for the purpose of linking with PAN.

9. It is only the proviso to Section 139AA(2) where the Supreme Court has granted a partial stay for the time being pending resolution of the other cases before the larger bench of the Supreme Court. The Hon’ble Supreme Court has unequivocally stated as follows:

“125. Having said so, it becomes clear from the aforesaid discussion that those who are not PAN holders, while applying for PAN, they are required to give Aadhaar number. This is the stipulation of sub-section (1) of Section 139AA, which we have already upheld. At the same time, as far as existing PAN holders are concerned, since the impugned provisions are yet to be considered on the touchstone of Article 21 of the Constitution, including on the debate around Right to Privacy and human dignity, etc. as limbs of Article 21, we are of the opinion that till the aforesaid aspect of Article 21 is decided by the Constitution Bench a partial stay of the aforesaid proviso is necessary. Those who have already enrolled themselves under Aadhaar scheme would comply with the requirement of sub-section (2) of Section 139AA of the Act. Those who still want to enrol are free to do so. However, those assessees who are not Aadhaar card holders and do not comply with the provision of Section 139(2), their PAN cards be not treated as invalid for the time being. It is only to facilitate other transactions which are mentioned in Rule 114B of the Rules. We are adopting this course of action for more than one reason. We are saying so because of very severe consequences that entail in not adhering to the requirement of sub-section (2) of Section 139AA of the Act. A person who is holder of PAN and if his PAN is invalidated, he is bound to suffer immensely in his day to day dealings, which situation should be avoided till the Constitution Bench authoritatively determines the argument of Article 21 of the Constitution. Since we are adopting this course of action, in the interregnum, it would be permissible for the Parliament to consider as to whether there is a need to tone down the effect of the said proviso by limiting the consequences.”

10. Finally the effect of the judgement is as following

(i) From July 1, 2017 onwards, every person eligible to obtain Aadhaar must quote their Aadhaar number or their Aadhaar Enrolment ID number for filing of Income Tax Returns as well as for applications for PAN;

(ii) Everyone who has been allotted permanent account number as on the 1st day of July, 2017, and who has Aadhaar number or is eligible to obtain Aadhaar number, shall intimate his Aadhaar number to income tax authorities for the purpose of linking PAN with Aadhaar;

(iii) However, for non-compliance of the above point No.(ii), only a partial relief by the Court has been given to those who do not have Aadhaar and who do not wish to obtain Aadhaar for the time being, that their PAN will not be cancelled so that other consequences under the Income Tax Act for failing to quote PAN may not arise.

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