Amit Anand Choudhary| TNN | Updated: Jan 18, 2018, 08:14 IST
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Final hearing on the legality of Aadhaar began in the SC before a Constitution bench on Wednesday
Fundamental rights of citizens would be compromised once Aadhaar was made compulsory: Petition
'A people's Constitution will transform into a state Constitution'
NEW DELHI: The much-anticipated final hearing on the legality of Aadhaar began in the Supreme Court before a Constitution bench on Wednesday with petitioners opposing the use of unique identity numbers, arguing that this will reduce citizenry to servitude and take away civil rights.
The hearing got under way five years after a host of social activists and a former high court judge filed petitions challenging the scheme. Appearing before a bench of Chief Justice of India Dipak Misra and Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan, senior advocate Shyam Divan contended that the fundamental rights of citizens would be compromised once Aadhaar was made compulsory and that it could be a tool to keep citizens under surveillance through their life.
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"The petitioners are certain that if the Aadhaar Act and programme is allowed to operate unimpeded, it will hollow out the Constitution, particularly the great rights and liberties it assures to citizens. A people's Constitution will transform into a state Constitution. The Constitution firmly repudiates Aadhaar and it must do so in order to preserve itself, its abiding values, its foundational morality and to protect citizens from the advent of an all-seeing, intrusive state that recognises not the individual, but a number," Divan said.
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Referring to the stand taken by the government, the bench asked Divan that Aadhaar was beneficial to people to get benefits of social welfare schemes as the money would directly reach them. Divan replied that the figures given by the Centre were inflated. Continuing the submission, he said all the information under the scheme was to be connected to a central data base which government agencies could misuse to profile citizens and track movements. "Over time, the profiling enables the state to stifle dissent and influence political decision-making," he said .