Hindustan Times (Lucknow)

Activists protest finance bill

- Sarika Malhotra letters@hindustant­imes.com

Top activists, academics write to RS chairman over the draft law expanding Aadhaar usage.

NEWDELHI: Top activists and academics have come out against the controvers­ial draft law expanding the use of Aadhaar and written to Rajya Sabha chairman Hamid Ansari to rule that the government was wrong in bypassing the Upper House.

They also said they would challenge in court the classifica­tion of the finance bill — which made Aadhaar mandatory for PAN cards and income tax returns — as a money bill, which doesn’t need to pass in the Rajya Sabha where the government is in a minority. “If it goes unchalleng­ed then it sets a very wrong precedent that government­s can get any legislatio­n passed by making them money bills. This disrupts constituti­onal functionin­g,” said Gopal Krishna from the Citizens Forum for Civil Liberties, a co-signatory to the letter.

He said at least two organisati­ons would approach the judiciary soon. Prominent activists who signed the letter include Aruna Roy and Nikhil Dey of Mazdoor Kisan Shakti Sangathan, and economist Jayati Ghosh and Prabhat Patnaik.

They say that the finance bill contains provisions that have wide-reaching impact and need to be independen­tly debated.

“We are appalled and dismayed at the government’s use of money bills to push through important legislatio­n that affects all citizens, without requiring approval by both houses of Parliament,” the letter read.

The letter follows days of outrage over the 12-digit biometric ID that is increasing­ly needed to access benefits and entitlemen­ts. The government has indicated that Aadhaar could become the sole identity card in the future and PAN cards not linked to the unique number could become invalid by year-end.

The activists asked Ansari to allow extensive and uninterrup­ted discussion­s into every aspect of the bill in the Upper House and ensure the practice of “illegitima­tely classifyin­g” bills as money bills is immediatel­y stopped.

“We appeal to you to protect the rights and duties of the Upper House and the interests of all the people of India. These bills and the relevant provisions that cannot be described as routine in any sense, must be subject to proper democratic scrutiny in both houses of Parliament.”

The letter points out the government abused the provisions of a money bill even last year when the controvers­ial Aadhaar (Targeted Delivery of Financial and other Subsidies, benefits and services) legislatio­n was passed as a money bill.

As per the act, proof of Aadhaar number was necessary for receipt of certain subsidies, benefits and services, the expenditur­e for which is incurred from the Consolidat­ed Fund of India.

“The Aadhaar bill faces robust challenge in the Supreme Court because the proceeding­s of Parliament reveal that it is not a money bill,” said Krishna.

The identifica­tion project was rolled out roughly a decade ago to plug leakages in government schemes but many flag privacy concerns with Aadhaar that is seen as vulnerable to data breaches and government spying.

The Supreme Court has repeatedly said that benefits cannot be denied for not having Aadhaar but has cleared the use of the ID for non-benefit schemes such as opening of bank accounts.

THEY ALSO SAID THEY WOULD CHALLENGE THE CLASSIFICA­TION OF THE FINANCE BILL AS A MONEY BILL, WHICH DOESN’T NEED TO PASS IN THE RS WHERE THE GOVT IS IN A MINORITY

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