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In a significant move aimed at strengthening data privacy and parental rights, the Supreme Court of India has directed the Central Board of Secondary Education (CBSE) to implement the Orissa High Court's guidelines on obtaining parental consent for APAAR (Automated Permanent Academic Account Registry) IDs across the country.
The directive ensures that parents are given the explicit option to refuse consent or withdraw from the APAAR ID scheme, while also requiring the scheme to comply with the provisions of the Digital Personal Data Protection (DPDP) Act, 2023.
The observations came during the hearing of a writ petition filed by the parents of four students challenging the constitutional validity of the APAAR ID scheme, particularly its linkage with Aadhaar and concerns surrounding children's personal data.
During the proceedings, the Supreme Court observed that the revised APAAR consent forms should clearly allow parents to either decline participation or opt out of the scheme. The Court noted that the Orissa High Court had already issued such directions in its December 2025 judgment, and since the order had not been challenged, it should now be implemented across India.
The bench also instructed CBSE to examine issues relating to consent, privacy, and data protection while implementing the scheme.
Appearing for the petitioners, Senior Advocate Indira Jaising argued that although the government describes the APAAR scheme as voluntary, students are effectively compelled to obtain an APAAR ID because it is linked with Aadhaar and is often required for academic processes, including examinations.
She argued that making Aadhaar-linked identification a prerequisite for education raises constitutional concerns and may infringe upon students' right to privacy and right to education.
The petition also sought strict adherence to the Digital Personal Data Protection Act, 2023, particularly regarding informed parental consent and the handling of children's personal information.
While acknowledging the concerns raised by the petitioners, the Supreme Court indicated that the objective behind the APAAR initiative is beneficial. The Court observed that assigning every student a unique academic identity could improve record management, facilitate student mobility, and help authorities better monitor educational planning and teacher-student ratios.
However, the bench clarified that all implementation of the APAAR scheme must remain fully compliant with existing laws, including the DPDP Act, 2023. It also noted that CBSE circulars cannot override statutory legal provisions.
The Supreme Court accepted the argument that the consent process should be strengthened by adopting the Orissa High Court's directions nationwide.
Under these guidelines, parents must receive a consent form that clearly provides:
Since no appeal was filed against the Orissa High Court's December 2025 judgment, the Supreme Court stated that CBSE should implement the same standards across all affiliated schools in India.
The matter also remains under the Supreme Court's consideration, with CBSE expected to further examine concerns relating to privacy, consent mechanisms, and legal compliance.
APAAR (Automated Permanent Academic Account Registry) is a unique student identification system designed to digitally maintain academic records throughout a student's educational journey.
The Supreme Court directed CBSE to implement the Orissa High Court's consent guidelines nationwide, ensuring parents can refuse or withdraw consent for APAAR ID generation.
Yes. As per the Supreme Court's direction, the revised consent form must explicitly provide parents with the option to refuse or later withdraw consent.
The petition challenged the scheme over concerns related to Aadhaar linkage, children's data privacy, informed parental consent, and compliance with the Digital Personal Data Protection Act, 2023.
The government describes APAAR as a voluntary scheme. However, the petitioners argued before the Supreme Court that it effectively becomes mandatory because of its linkage with Aadhaar and educational processes. The matter remains under judicial consideration.
The Digital Personal Data Protection (DPDP) Act, 2023, is India's data protection law that regulates the collection, storage, processing, and protection of personal data while ensuring individuals' privacy rights.
The judgment directed authorities to revise APAAR consent forms so parents have clear options to refuse or withdraw consent. The Supreme Court has now directed CBSE to adopt these safeguards across the country.
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Published: 7h ago