Moving towards an equitable society
ognised the importance of a law and a regulator.
The issues addressed in the judgment are fundamental to the Indian polity — privacy, protection against overreach by the state and private parties and most importantly, identity and one’s right to access basic services. The message from the court is about “balance”, “purpose”, “proportionality” and “regulation”.
The bench has commented on distinct issues in the judgment — at the centre of each of these is the individual for whose sake Aadhaar was conceptualised. Every amendment directed namely, S. 33(2), S.47 and S.57 is anchored on the central idea of strengthening the individual’s place vis-a-vis institutions. It also reinforces the idea of the type of relationship that institutions of power must have with the people — not with a “suspicion” or “exclusion” mindset but with an “inclusion” mindset. The judgment urges us to leverage the best of home-grown technol- ogy to help the underserved sections of Indian society leapfrog to a more equitable society and achieve their full human potential.
The judgment is 1,500 pages long and came after 38 days of hearing. There are many nuances in the judgment that we will understand and unpack over the next few days. For now, we must move ahead by building on this foundation and deliver on our promise to the marginalised.
As we approach the 149th birth anniversary of Mahatma Gandhi, it would be fitting to remember his message: “Recall the face of the poorest and weakest man you have seen, and ask yourself if this step you contemplate is going to be any use to him”. The Supreme Court on Wednesday upheld the vision of our founding father and the promise of our Constitution.
Nandan Nilekani is the first chairman of the Unique Identification Authority of India The views expressed are personal