Is India’s ID card really a safe bet?
We bring a selected curation of what Justice DY Chandrachud — who was part of the fivejudge Constitution bench at the Indian Supreme Court — feels on different aspects of the Aadhaar project and its enabling legislation.
on aadhaar as the new oil
While data is the new oil, it still eludes the life of the average citizen. If access to welfare entitlements is tagged to unique data sets, skewed access to informational resources should not lead to perpetuating the pre-existing inequalities of access to public resources.
An identification project that involves the collection of the biometric and demographic information of 1.3 billion people , creating the largest biometric identity project in the world, must be scrutinised carefully to assess its compliance with human rights.
why aadhaar as a money bill is a fraud on the constitution
Introducing the Aadhaar Act as a money bill deprived the Rajya Sabha of its power to reject or amend the Bill. The legislative history is a clear pointer to the fact that the subsequent passage of the Bill as a Money Bill by-passed the constitutional authority of the Rajya Sabha. The Rajya Sabha has an important role in the making of laws. Superseding the authority of the Rajya Sabha is in conflict with the constitutional scheme and the legitimacy of democratic institutions. It constitutes a fraud on the Constitution. Passing of a Bill as a Money Bill, when it does not qualify for it, damages the delicate balance of bicameralism which is a part of the basic structure of the Constitution.
on UiDai’s responsibility or lack of it
Under the Aadhaar architecture, UIDAI is the only authority which carries out all the functions, be it administrative, adjudicatory, investigative, or monitoring of the project. While the Act confers such major functions on UIDAI, it does not place any institutional accountability upon UIDAI to protect the database of citizens’ personal information.
The Act is silent on the liability of UIDAI and its personnel in case of non-compliance of the provisions of the Act or the regulations made under it. Under
Section 23(2)(s) of the Act, UIDAI is required to establish a grievance redressal mechanism. A stringent and independent redressal mechanism and options for compensation must be incorporated in the law. Whether it is against UIDAI or a private entity, it is critical that the individual retains the right to seek compensation and justice.
The entire Aadhaar programme, since 2009, suffers from constitutional infirmities and violations of fundamental rights
why section 7 of aadhaar act is troubling
The state as a part of its welfare obligations provides numerous benefits to school going children, including mid-day meals or scholarships, to children belonging to the marginalised segments of the society. Should the disbursal of these benefits be made to depend upon a young child obtaining an Aadhaar number or undergoing the process of authentication? That the state has been able to insist on adherence to the Aadhaar scheme without exception is a result of the overbreadth of Section 7. Consequently, the inclusion of benefits and services in Section 7 suffers from a patent ambiguity, vagueness and overbreadth which renders the inclusion of services and benefits arbitrary and violative of Article 14.
why telecom service providers should delete their aadhaar-linked data
The conflation of biometric information with SIM cards poses grave threats to individual privacy, liberty and autonomy. The mere existence of a legitimate state aim will not justify the disproportionate means which have been adopted in the present case. The biometric information and Aadhaar details collected by Telecom Service Providers shall be deleted forthwith and no use of the said information or details shall be made by TSPs or any agency or person or their behalf.
why aadhaar is unconstitutional
Identity is necessarily a plural concept. The Constitution also recognises a multitude of identities through the plethora of rights. The technology deployed in the Aadhaar scheme reduces different constitutional identities into a single identity of a 12-digit number and infringes the right of an individual to identify herself/himself through a chosen means. Aadhaar is about identification and is an instrument which facilitates a proof of identity. It must not be allowed to obliterate constitutional identity The entire Aadhaar programme, since 2009, suffers from constitutional infirmities and violations of fundamental rights. The enactment of the Aadhaar Act does not save the Aadhaar project.