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Supreme Court of India 2017-06-09 partly_allowed

Binoy Viswam vs Union of India & Ors

Bench: 2 — A.K. Sikri

In Brief

This judgment upheld the constitutional validity of Section 139AA of the Income Tax Act, 1961, which mandates linking Aadhaar numbers with PAN (Permanent Account Number) for income-tax assessees. The Court found no violation of Articles 14 or 19(1)(g), as the requirement was based on reasonable classification (individual taxpayers) aimed at curbing duplicate and fraudulent PANs and combating money laundering. Parliament had competence to enact this provision despite earlier court orders deeming Aadhaar voluntary in welfare schemes. However, the severe consequence of PAN invalidation was read down to apply prospectively only. Pending Constitution Bench determination on Article 21 issues (privacy and dignity), a partial stay protected existing PAN holders from invalidation for non-compliance with Aadhaar linking.

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Income Tax Law Constitutional Law Right to Privacy Aadhaar Scheme Permanent Account Number (PAN) Fundamental Rights Article 14 Article 19 Article 21 Legislative Competence Judicial Review

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