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

Saturday, March 24, 2018

13080 - Aadhaar and Income-Tax Returns: Legal Notes by Arvind Datar 0

Aadhaar and Income-Tax Returns: Legal Notes by Arvind Datar

Arvind P. Datar

On March 13, 2018, the deadline for linking Aadhaar with bank accounts, mobile numbers, etc. was extended by the Supreme Court till the pronouncement of the judgment. However, there was no specific mention of income tax returns or PAN.

The question that is repeatedly being asked is How do persons who have chosen not to apply for Aadhaar file their income-tax returns?

In Binoy Viswam v. Union of India [(2017) 7 SCC 59 at para 133], the Supreme Court has made it clear that persons who have chosen not to enroll for Aadhaar will not face the consequences of their PAN number being deemed to be invalid as this would make it impossible for such persons to carry out banking transactions, sale and purchase of motor vehicles, shares, mutual funds etc as prescribed in Rule 114B of the Income-tax Rules, 1962. The net result is that, pending the decision in the main Aadhaar case, assessees who did not have the Aadhaar number could file returns and ensure that their PAN numbers did not become invalid.

However, the income-tax returns have now to be filed electronically and require the quoting of the Aadhaar number. Thus, persons who have chosen not to apply for Aadhaar will not be able to upload the return electronically despite the fact that application for Aadhaar is voluntary.

Manual return to be filed:
As per the interim orders of the Gujarat and Kerala High Courts, assessees can file their return manually without insisting on Aadhaar number/enrollment number. The cases are:
  • Bandish Saurabh Soparkar v. Union of India, [2017] 87 taxmann.com 48 (Gujarat); and
  • Prasanth Sugathan v. Union of India, [2017] 84 taxmann.com 73 (Kerala).
It must be pointed out that the Madras High Court, in Thiagarajan Kumararaja v. Union of India 398 ITR 740 (Mad), has dismissed a writ petition on the ground that the partial stay by the Supreme Court was only to facilitate the transactions mentioned in Rule 114B of the Income-tax Rules, 1962. The decision of the Madras High Court is, it is humbly submitted, erroneous, as the partial stay was intended not to prejudice persons who did not have Aadhaar cards or had not enrolled for the Aadhar number. This stay was also necessary in view of the main Aadhaar matter pending before the Constitution bench, and the judgment specifically mentions that the issues of privacy were being left open to be dealt with by the Constitution Bench (this was later referred to a nine judge Bench).
The views of the 9 judge Bench in Puttaswamy have now been relied upon in support of the view that compulsory linking of Aadhaar to PAN is unconstitutional, and arguments to this effect have been made in the pending matter before the Constitution Bench. The Madras High Court failed to note that if all eligible persons had to get Aadhaar number, the grant of the partial stay would be totally meaningless. The decision of the Madras High Court is thus contrary to the Supreme Court decision. Further, the decision of the Madras High court is being appealed against. The views taken by the Gujarat and Kerala High Courts are in harmony with the views and the partial stay granted by the Supreme Court.
It is, therefore, suggested that persons who do not have Aadhaar should adopt the following steps:
  1. The income-tax returns should be filled up manually;
  2. The return should be filed before the Jurisdictional Assessing Officer with a covering letter stating that they have chosen not to enroll for Aadhaar and that the return cannot be uploaded electronically without Aadhaar number. Consequently, they have no option but to file it manually; and
  3. Such manual filing has been permitted by the Gujarat and Kerala High Courts.
It is also hoped that the CBDT issues a circular that enables the filing of manual returns till the Aadhaar judgment is pronounced.

[In view of the urgency, this short note is being published simultaneously in Taxsutra and Bar & Bench]

The author is a Senior Advocate, and acknowledges the assistance of Sandeep Bagmar and Rahul Unnikrishnan, Advocates.