Aadhaar

The UIDAI has taken two successive governments in India and the entire world for a ride. It identifies nothing. It is not unique. The entire UID data has never been verified and audited. The UID cannot be used for governance, financial databases or anything. It’s use is the biggest threat to national security since independence. – Anupam Saraph 2018

When I opposed Aadhaar in 2010 , I was called a BJP stooge. In 2016 I am still opposing Aadhaar for the same reasons and I am told I am a Congress die hard. No one wants to see why I oppose Aadhaar as it is too difficult. Plus Aadhaar is FREE so why not get one ? Ram Krishnaswamy

First they ignore you, then they laugh at you, then they fight you, then you win.-Mahatma Gandhi

In matters of conscience, the law of the majority has no place.Mahatma Gandhi

“The invasion of privacy is of no consequence because privacy is not a fundamental right and has no meaning under Article 21. The right to privacy is not a guaranteed under the constitution, because privacy is not a fundamental right.” Article 21 of the Indian constitution refers to the right to life and liberty -Attorney General Mukul Rohatgi

“There is merit in the complaints. You are unwittingly allowing snooping, harassment and commercial exploitation. The information about an individual obtained by the UIDAI while issuing an Aadhaar card shall not be used for any other purpose, save as above, except as may be directed by a court for the purpose of criminal investigation.”-A three judge bench headed by Justice J Chelameswar said in an interim order.

Legal scholarUsha Ramanathandescribes UID as an inverse of sunshine laws like the Right to Information. While the RTI makes the state transparent to the citizen, the UID does the inverse: it makes the citizen transparent to the state, she says.

Good idea gone bad
I have written earlier that UID/Aadhaar was a poorly designed, unreliable and expensive solution to the really good idea of providing national identification for over a billion Indians. My petition contends that UID in its current form violates the right to privacy of a citizen, guaranteed under Article 21 of the Constitution. This is because sensitive biometric and demographic information of citizens are with enrolment agencies, registrars and sub-registrars who have no legal liability for any misuse of this data. This petition has opened up the larger discussion on privacy rights for Indians. The current Article 21 interpretation by the Supreme Court was done decades ago, before the advent of internet and today’s technology and all the new privacy challenges that have arisen as a consequence.Rajeev Chandrasekhar, MP Rajya Sabha

“What is Aadhaar? There is enormous confusion. That Aadhaar will identify people who are entitled for subsidy. No. Aadhaar doesn’t determine who is eligible and who isn’t,” Jairam Ramesh

But Aadhaar has been mythologised during the previous government by its creators into some technology super force that will transform governance in a miraculous manner. I even read an article recently that compared Aadhaar to some revolution and quoted a 1930s historian, Will Durant.Rajeev Chandrasekhar, Rajya Sabha MP

“I know you will say that it is not mandatory. But, it is compulsorily mandatorily voluntary,” Jairam Ramesh, Rajya Saba April 2017.

August 24, 2017: The nine-judge Constitution Bench rules that right to privacy is “intrinsic to life and liberty”and is inherently protected under the various fundamental freedoms enshrined under Part III of the Indian Constitution

"Never doubt that a small group of thoughtful, committed citizens can change the World; indeed it's the only thing that ever has"

“Arguing that you don’t care about the right to privacy because you have nothing to hide is no different than saying you don’t care about free speech because you have nothing to say.” -Edward Snowden

In the Supreme Court, Meenakshi Arora, one of the senior counsel in the case, compared it to living under a general, perpetual, nation-wide criminal warrant.

Had never thought of it that way, but living in the Aadhaar universe is like living in a prison. All of us are treated like criminals with barely any rights or recourse and gatekeepers have absolute power on you and your life.

Announcing the launch of the#BreakAadhaarChainscampaign, culminating with events in multiple cities on 12th Jan. This is the last opportunity to make your voice heard before the Supreme Court hearings start on 17th Jan 2018. In collaboration with @no2uidand@rozi_roti.

UIDAI's security seems to be founded on four time tested pillars of security idiocy

1) Denial

2) Issue fiats and point finger

3) Shoot messenger

4) Bury head in sand.

God Save India

Thursday, May 3, 2018

13444 - SC questions government's justification for passing Aadhaar Act as Money Bill - The Hindu

SC questions government's justification for passing Aadhaar Act as Money Bill

NEW DELHI, MAY 02, 2018 17:23 IST

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Attorney General says the Act may have several “ancillary provisions”, but taken in its entirety, the Aadhaar Act comes within the ambit of the definition of Money Bill under Article 110 of the Constitution.

The Supreme Court on Wednesday questioned the government's justification for passing the Aadhaar Act as a Money Bill.
Countering the Central government's argument that the sole intent of the Aadhaar Act is to act as a weapon for delivering subsidies to targetted beneficiaries, the Constitution Bench led by Chief Justice of India Dipak Misra pointed to Section 57 of the Act.
This provisions contemplate the use of the Aadhaar card as an identification document not only by the government but also by "any body corporate or person".
"A body corporate? That is as far as you can go away from the concept of a Money Bill," Justice Chandrachud challenged Attorney General K.K. Venugopal.

Section 57 says “nothing contained in this Act [Aadhaar Act] shall prevent the use of Aadhaar number for establishing the identity of an individual for any purpose, whether by the State or any body corporate or person...”

Mr. Venugopal submittted that the Act's Preamble itself encapsulated its objective as a legislative “tool” to provide “good governance, efficient, transparent, and targeted delivery of subsidies, benefits and services”. The expenditure for these welfare activities would be drawn from the Consolidated Fund of India.

Mr. Venugopal said the Act may have several “ancillary provisions”, but taken in its entirety the Aadhaar Act came within the ambit of the definition of Money Bill under Article 110 of the Constitution.

The Attorney General countered that the Act contemplated the plight of 300 million people in the country living below the poverty line. “Money has to come necessarily from the Consolidated Fund of India to cover the expenditure of the delivery of targetted subsidies. Not a single provision in the Act is unneccessary or unrelated to the main purpose/pith and substance of the Act, which is giving subsidies,” he argued.
Jairam Ramesh's petition

Mr. Venugopal was countering arguments raised in a petition by Rajya Sabha member Jairam Ramesh that the Aadhaar Act of 2016 was passed as a Money Bill to “bypass the scrutiny of the Rajya Sabha.”

Mr. Ramesh, represented by senior advocate P. Chidambaram, had argued that a Bill is declared as a Money Bill only in six specific circumstances or matters incidental to them as enumerated in Article 110. The Aadhaar law does not relate to any of these circumstances. The petition had termed the passage of the Aadhaar law a “constitutional fraud”.

On March 11, the Aadhaar Bill was passed by the Lok Sabha after the Speaker ruled it as a 'MoneyBill'. It was then passed to the Rajya Sabha which, on March 16, returned the Bill with five amendments moved by Mr. Ramesh. These recommendations were rejected by the Lok Sabha, which passed the law called Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016.

Mr. Venugopal referred to Sections 7, 24 and 25 of the Aadhaar Act to show how closely the objective of the statute is linked to the Consolidated Fund. Section 7 says that the Centre or a State may use Aadhaar card to establish the identity of a person to provide him subsidy, benefit or service for which the expenditure is incurred from the Consolidated Fund.


Section 24 says that Centre could make grants of money to the authorities under the Act for the purpose of providing subsidies. Section 25 says that fees or revenue collected by the authority under the Aadhaar Act should be credited to the Consolidated Fund.