Aadhaar: SC concerned over ‘biological attributes’

NEW DELHI: The SC on Wednesday said the Aadhaar Act left it open to the government to add any “biological attributes” like DNA profiling in future and wondered whether this would be “excessive delegation” of powers. However, attorney general KK Venugopal justified the law.

NEW DELHI: The Supreme Court said on Wednesday that the Aadhaar Act left it open to the government to add any “biological attributes” such as DNA profiling in future and wondered whether this would be a case of “excessive delegation” of powers.

A constitution bench led by Chief Justice Dipak Misra posed the question to attorney general KK Venugopal, who justified the Aadhaar law on behalf of the Centre and said it passed the test of proportionality laid down in the apex court’s privacy judgment.

Justice DY Chandrachud referred to section 2 (g) of the Act, which says “biometric information means photograph, finger print, iris scan, or such other biological attributes of an individual as may be specified by regulations” and asked Venguopal to define the words “such other biological attributes.”

“The Act leaves it open to the government to add any biological attributes. Today you may not, but tomorrow with the growth of technology you may decide to add DNA etc,” the judge said. “Isn’t it excessive delegation if you give Unique Identification Authority of India (UIDAI) the authority to add whatever as biometric and decide mode of collection?.”

The AG said the additional requirements can be tested in courts whenever they are made. Also, the new regulations will be placed before Parliament as prescribed under section 55 of the Act, ruling out the possibility of any arbitrary additions.

“Parliament can only disapprove the guidelines when they are placed. Initially, the authority will have the power to draw up the guidelines,” justice Chandrachud pointed out.