Supreme Court Assures Parents APAAR Scheme Will Remain Voluntary, Says CBSE Must Provide Clear Opt-Out Option
The Supreme Court has assured parents challenging the APAAR (Automated Permanent Academic Account Registry) scheme that it will issue directions requiring the Central Board of Secondary Education (CBSE) to revise its consent process and explicitly provide parents with the option to refuse consent or opt out of the scheme. The assurance came during the hearing of petitions questioning the constitutional validity of the Aadhaar-linked student identification system and raising concerns over privacy and data protection.
A three-judge Bench headed by Chief Justice Surya Kant observed that the CBSE would be directed to implement nationwide the safeguards laid down earlier by the Orissa High Court. The Bench indicated that the consent form used for generating APAAR IDs must clearly state that parents are free to decline participation and that enrolment under the scheme cannot be treated as compulsory.
The petitions before the Supreme Court were filed by parents of school students, who argued that schools were effectively compelling children to obtain APAAR IDs despite the absence of a statutory mandate. Senior Advocate Indira Jaising, appearing for the petitioners, contended that any scheme involving the collection and processing of children’s personal data must satisfy the constitutional tests of legality, necessity and proportionality, particularly when linked to Aadhaar.
The Court acknowledged that APAAR seeks to create a unified digital academic identity for students and may serve legitimate educational objectives by maintaining lifelong academic records. At the same time, it emphasised that such objectives cannot override the requirement of informed and voluntary parental consent. The Bench also indicated that it would issue directions addressing concerns relating to the storage, processing and protection of students’ personal data, reflecting the importance of privacy safeguards in educational technology initiatives.
Under the proposed changes, the model consent form is expected to include a prominent and unambiguous “refuse consent” or “opt-out” option, ensuring that parents are not pressured into enrolling their children. The Supreme Court’s approach effectively extends the Orissa High Court’s consent safeguards to CBSE-affiliated schools across the country, reinforcing that participation in the APAAR scheme must remain voluntary.
The case has wider implications for digital governance in education. APAAR, introduced under the National Education Policy framework, is designed to generate a unique lifelong academic identifier for every student and integrate educational records across institutions. However, the scheme has attracted scrutiny over its linkage with Aadhaar, the handling of children’s personal data, and the need for meaningful parental consent. The Supreme Court’s forthcoming order is expected to strengthen privacy protections while balancing the government’s objective of creating a comprehensive digital academic registry.
