Aadhaar verdict: From terrorist, money launderer to fraud, 10 Justice DY Chandrachud blow by blow quotes
Aadhaar case verdict: Justice DY Chandrachud blasted a number of things related to Aadhaar scheme. Significantly, he said, "Enactment of Aadhaar Act does not save the Aadhaar scheme of the Centre." Here are his pronouncements, blow by blow. Notably, three sets of judgements have been pronounced. The first was pronounced by Justice A K Sikri who wrote the judgement for himself, the Chief Justice of India and Justice A M Khanwilkar. Justice DY Chandrachud and Justice A Bhushan, who are part of the bench, have written their own individual opinions. Justice D Y Chandrachud read his judgement, and said he has expressed some views different from that of the verdict pronounced by Justice Sikri. Here is Justice Chandrachud's pronouncement:
1. It is impossible to live in India without Aadhaar and it is violative of Article 14. Aadhaar programme violates informational privacy, self-determination and data protection. Image source: allahabadhighcourt.in
2. Mobile phone has become important feature of life and its seeding with Aadhaar poses grave threat to privacy, liberty, autonomy. Favour deletion of consumers' Aadhaar data by mobile service providers. Image source: Reuters
2. Mobile phone has become important feature of life and its seeding with Aadhaar poses grave threat to privacy, liberty, autonomy. Favour deletion of consumers' Aadhaar data by mobile service providers. Image source: Reuters
3. The Prevention of Money Laundering Act Rules proceed on assumption that every bank account holder is a money launderer. Assumption that every individual who opens bank account is a potential terrorist or money launderer is draconian. Image source: Reuters
4. It has been admitted by UIDAI that it stores vital data and it's violative of right to privacy. Aadhaar allows constructing profiles of individuals which is against right to privacy, enables potential surveillance. Image source: Reuters
5. There is no institutional responsibility of UIDAI to protect data of citizens. Data vulnerable to misuse by third party, private vendors, that too without consent of an individual. Image source: Reuters
6. Aadhaar project has failed to remedy the flaws in its design and has led to exclusion. Denying social welfare is violation of fundamental rights of citizens. Image source: Reuters
7. There was absence of regulatory mechanism to provide robust data protection: Chandrachud. Image source: Reuters
8. If Aadhaar is seeded with every database then there is chance of infringement of right to privacy. Collection of data may lead to individual profiling of citizens. Image source: PTI
9. Passing Aadhaar Act as a Money Bill amounts to a fraud on the Constitution. Justice D Y Chandrachud says Aadhaar Act could not have been passed as Money Bill. Article 110 of Constitution has specific grounds for Money Bill. Aadhaar law went beyond this. Bypassing Rajya Sabha to pass Aadhaar Act amounts to subterfuge. Aadhaar Act liable to be struck down as being violative of Art 110. Rajya Sabha should not have been bypassed. Image source: Reuters