In 2009, I became extremely concerned with the concept of Unique Identity for various reasons. Connected with many like minded highly educated people who were all concerned.
On 18th May 2010, I started this Blog to capture anything and everything I came across on the topic. This blog with its million hits is a testament to my concerns about loss of privacy and fear of the ID being misused and possible Criminal activities it could lead to.
In 2017 the Supreme Court of India gave its verdict after one of the longest hearings on any issue. I did my bit and appealed to the Supreme Court Judges too through an On Line Petition.
In 2019 the Aadhaar Legislation has been revised and passed by the two houses of the Parliament of India making it Legal. I am no Legal Eagle so my Opinion carries no weight except with people opposed to the very concept.
In 2019, this Blog now just captures on a Daily Basis list of Articles Published on anything to do with Aadhaar as obtained from Daily Google Searches and nothing more. Cannot burn the midnight candle any longer.
"In Matters of Conscience, the Law of Majority has no place"- Mahatma Gandhi
Ram Krishnaswamy
Sydney, Australia.

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 scholar Usha Ramanathan describes 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

Monday, February 4, 2013

2940 - Deepak Lal: Restraining Leviathan





James M Buchanan's work on restraining the predatory state has great relevance for India

Deepak Lal / Jan 19, 2013, 00:50 IST


Last week yet another great economist, Nobel laureate and friend, James M Buchanan, was gathered by the Grim Reaper. I got to know him in the mid 1980s when I was the Research Administrator at the World Bank, and he and his long-time collaborator Gordon Tullock got in touch after reading my The Poverty of “Development Economics”. Both have been friends ever since.

Buchanan was a socialist, he said, till he studied economics at the University of Chicago under “his professor” Frank Knight and learnt how markets work (see his Liberty, Market and State). But his realisation soon afterwards that the same theory of price that he had learnt could also be applied to the political process would eventually lead him and Gordon Tullock to develop what came to be called “the new political economy”, and later public choice. The central assumption of the prevalent neoclassical theory of public policy, particularly of public finance, was that governments were benevolent and their agents could be looked upon as “platonic guardians”. But no explanation was offered as to how the same individuals shed their benevolence and came to serve their self-interest once they participated in the market. If human beings were not schizophrenic, the same self-interested motives that were the underpinning of price theory should apply to the political process. Buchanan’s work over 40 years, along with his collaborators, has worked out the implications of this unity of motives in the economic and political spheres.

The starting point of his political economy is Hobbes’ insight that, in a state of anarchy, life will be “nasty brutal and short”. To provide order there must be a state provided with the monopoly of coercion — a Leviathan. But this monopoly also entails the “power to take” by Leviathan from its citizens. Whilst some of these takings (taxes) are needed to provide the instruments of order (the pure public goods like police, courts, armies for national defence), what is to prevent the resulting self-interested Leviathan from taking more than is needed for this purpose and maximise its revenues for its own discretionary ends?

It is in answer that Buchanan’s “Virginia” public choice theorists have introduced the importance of constitutional rules. Since they are concerned with US political institutions, they have used the artefact of the social contract to ask, in the words of Buchanan and Geoffrey Brennan, “Would citizens voluntarily agree to allow the government to exercise power quite unreservedly, or would they rather seek to impose constraints on the behavior of governments?” ( The Power to Tax). Adopting Knut Wicksells’s famous unanimity rule for social choice, as an idealised benchmark to determine “that all governmental actions represented genuine ‘improvements’ (or at least no damage) for all persons, as measured by the preferences of the individuals themselves” (page 6), Buchanan and Gordon Tullock, in their The Calculus of Consent, derived constitutional fiscal rules for the real world where – because of transactions costs and free rider problems – such unanimity will have to be traded off for “workability in political processes”.

Though the public choice framework was developed by Buchanan and his associates explicitly for the particular political arrangements of the US, the logic of how a revenue-maximising sovereign could be restrained to only take enough to provide the essential public goods is common to all political systems. In The Political Economy of Poverty, Equity and Growth (co-authored with Hla Myint), I had developed a whole range of models applicable to various political configurations, with the revenue-maximising sovereign being the “predatory state”. This is an obvious designation for absolute monarchs and dictators. But on the “median voter” theorem for democracies of the political scientists, even the US and Indian majoritarian democracies will be predatory states — with the predator being the median voter.   

It would take me too far afield to detail the fiscal constitution that Buchanan derived in his various works, using the framework developed in The Calculus of Consent to restrain Leviathan. But it may be useful to outline some that are of relevance in the current policy debates in India and the US.

Taxes on capital (including inheritance taxes currently being advocated in India) – unlike taxes on current flows, of income and consumption, which can be avoided by appropriate actions on the part of taxpayers – are levied on the outcome of past decisions of taxpayers, which by and large cannot be undone to avoid the levies. In the pre-constitutional state of nature, the citizen would want to guard against this by not granting the government the power to levy taxes on capital.

The same argument applies to government borrowing, which also allows governments to appropriate current resources against taxes on future incomes. With uncertain tenure, predatory governments have no incentive to resist such extraction of future resources for their current purposes. Balanced budgets and restrictions on the government’s power to borrow except in exceptional circumstances – like wars and depressions – would also be part of the fiscal constitution. These are very much the principles of Gladstonian finance.

A collectively financed safety net “to prevent the possibility of [the individual] falling into dire poverty in some unpredictable periods in the future” (The Calculus of Consent; page 193) would also be part of the fiscal constitution. To ensure that bureaucrats, in fact, make the desired transfers to the poor, rather than expand the welfare bureaucracy, transfers in kind would be limited, and the public provision of services to the poor that could be provided by the private sector would be prohibited, and the poor would be empowered to purchase by state-provided vouchers (as is proposed in India by the Aadhaar scheme). Non-monetary transfers for the consumption of specific merit goods, such as education and health, would also be provided through vouchers.

I hope this is enough to show that Buchanan’s work, apart from its theoretical innovations, remains powerfully relevant for the most important problem of economic policy: how can Leviathan’s fiscal privileges inherent in a government’s power to take, and give to whom it chooses, be limited? It is a question that continues to haunt the Indian polity, and for which reading Buchanan remains essential.