Supreme Court Upholds Informed Parental Consent for Aadhaar-Linked Student IDs, Apex Court mandates amendments in APAAR consent forms to protect privacy rights under the Digital Personal Data Protection Act, 2023.
In a landmark judgment, the Supreme Court of India has directed pan-India amendments to the consent form for the Automated Permanent Academic Account Registry (APAAR) Scheme, ensuring that parental consent for Aadhaar-linked digital academic identifiers is informed and voluntary. The decision, pronounced on July 20, 2026, addresses the constitutional validity of the APAAR Scheme under the National Education Policy, 2020.
The bench, comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V. Mohana, emphasized the need for explicit options in consent forms allowing parents to withhold or refuse consent for their children's participation in the scheme. This ruling aligns with concerns raised by the petitioners, led by Abhishek Baxi, who argued that the existing consent process was coercive and did not provide adequate information about data collection practices.
The petitioners, represented by Senior Advocate Ms. Indira Jaising, contended that the APAAR Scheme, by mandating Aadhaar-linked IDs for students, effectively functioned as a state-run surveillance tool, infringing on the right to privacy. They argued that the scheme's data collection and retention practices posed significant risks of misuse beyond educational purposes.
The Court's decision draws heavily on the principles established in the landmark privacy judgment, Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), requiring any state action infringing on privacy rights to meet the tests of legality, legitimate aim, necessity, and proportionality.
Importantly, the Supreme Court highlighted that any personal data collected under the APAAR Scheme must strictly comply with the Digital Personal Data Protection Act, 2023. This includes ensuring that data is collected, processed, stored, and shared in a lawful, secure, and purpose-limited manner, with stringent safeguards against unauthorized disclosures.
The judgment mandates that the central and state authorities implement the directions from the High Court of Orissa’s ruling in Rohit Anand Das v. State of Odisha, which called for similar amendments to consent forms in the APAAR Scheme.
This ruling signifies a robust reinforcement of privacy rights within the education sector, mandating that any collection or use of personal data, particularly concerning minors, must be conducted with the highest standards of transparency and consent.
Statutory provision(s): Constitution of India, Article 32; Digital Personal Data Protection Act, 2023
Abhishek Baxi v. Union of India, (SC) : Law Finder Doc id # 2948571
