The Supreme Court on July 20, 2026 clarified that the Central Board of Secondary Education (CBSE) must make its APAAR scheme voluntary across India, as directed by the Orissa High Court judgment of December 12, 2025.
Key Developments
- The three‑judge bench, headed by Chief Justice of India Surya Kant, ordered CBSE to incorporate an explicit “opt‑out” option in the APAAR consent form.
- CBSE was directed to issue a pan‑India clarification on the voluntary nature of the scheme.
- Petitioners, led by parents represented by senior advocate Indira Jaising, argued that mandatory linking with Aadhaar violates privacy under Article 21.
- The court noted that while APAAR can aid student transfers, its use must be limited to institutional purposes.
- The petition highlighted non‑compliance with the Digital Personal Data Protection Act, 2023.
Important Facts
APAAR creates a permanent academic identifier linked to a student’s Aadhaar and stores it in DigiLocker. The government promotes it as a tool for “seamless transitions” between schools and higher‑education institutions. However, the scheme has been implemented through executive circulars without a specific parliamentary law, raising questions about its constitutional validity.
Exam Relevance
This case touches upon several GS topics: constitutional law (Article 21 – right to privacy), federalism (state vs. centre powers in education), data protection (application of the 2023 Act), and the role of the judiciary in checking executive overreach. Aspirants should note how the Supreme Court balances developmental goals with individual rights, a recurring theme in GS 2 and GS 3.
Way Forward
CBSE will have to redesign the consent form to include a clear opt‑out clause and issue guidelines limiting APAAR data use to institutional purposes only. Monitoring mechanisms may be introduced to ensure compliance with the Digital Personal Data Protection Act, 2023. Future policy discussions are likely to focus on legislating a robust framework for student data that respects privacy while enabling mobility.