13940 - Aadhaar Articles Dated 27th October 2018

	Month after SC verdict, telcos still using Aadhaar for issuing mobile SIM cards Times of India NEW DELHI: Leading telecom companies are using Aadhaar-based eKYC for issuing mobile SIM cards almost a month after the Supreme Court ... Banks may use Aadhaar QR code for paperless KYC - Times of India DoT wants telecom operators to stop Aadhaar-based biometric authentication - Business Standard Telcos Have Ignored SC Verdict, Still Using Aadhaar For Issuing Mobile SIM Cards - India Times
	DoT directs telcos to stop Aadhaar-based e-KYC Economic Times The telecom department has barred telcos from Aadhaar-based digital authentication in line with a Supreme Court order, dealing a big blow to the ... Govt asks telcos to stop using Aadhaar eKYC for verifying users - Moneycontrol.com Govt asks telecom companies to stop using Aadhaar eKYC for verifying users - Times of India Government Asks Telcos To Stop E-Verifying Aadhaar: What It Means For You - NDTV
	Aadhaar is totally safe, isn't a card, just a number: RS Sharma Economic Times NEW DELHI: Telecom Regulatory Authority of India (TRAI) chairman, R S Sharma rebuked debates around theft of identity due to Aadhaar while ... There's a lot of confusion over data security, privacy: TRAI Chairman - The Hindu BusinessLine Private firms must prevent misuse of customers' data: Trai chairman - Times of India
	'Aadhaar in a JAM, no, LogJam' Economic Times I was educated on locking and unlocking the biometrics of Aadhaar. When I stepped in to a mobile store few months ago to get a prepaid card for my ...
	NEXT Biometrics Tech Certified for Android Devices in Aadhaar findBIOMETRICS “…with this latest certification from the UIDAI, which administrates Aadhaar, NEXT's fingerprint sensors can be used with modules and readers in the ...
	Aadhaar details help 5-year-old girl reunite with family THE WEEK The Haryana Police managed to reunite a five-year-old girl, who was missing for over three months, with her family in Panchkula using her Aadhaar ... Aadhaar details help 5-yr-old girl reunite with family - The Tribune Aadhaar details help 5-yr-old girl reunite with family in Haryana - Daily News & Analysis
	31 ration dealers in Noida lose licence for Aadhaar-PDS scam Times of India Sources said the recent scam across the state was the first instance of unauthorised Aadhaar cards being used to pilfer ration from the accounts of ...
	NEXT Biometrics attains Aadhaar Registered Device Service certification for Android Biometric Update Android devices are currently used extensively throughout India for Aadhaar transactions. Registered devices have unique identifiers so that each ...
	Aadhaar: Where the document is mandatory and where not NewsBytes The Supreme Court, on September 26, struck down some provisions relating to the authentication of Aadhaar, and the Section 57 of Aadhaar Act.
	Breaking News Live Updates: Govt allows use of physical Aadhaar card for issue of new ... Times of India (blog) massive fire has broken out in multiple electronic shops in Vasundhara Market at Station Malgodam Road: ANI. 11:08 PM (IST) ...
	APIs like Aadhaar Reduce Cost of Authentication for Banking Industry DATAQUEST Though data sharing APIs are widely adopted in Europe and the U.K., India started its journey through key initiatives such as Aadhaar, e-KYC, e-Sign, ...
	Govt directs telcos to report compliance of order barring use of Aadhaar authentication for issuing ... Devdiscourse Govt directs telcos to report compliance of order barring use of Aadhaar authentication for issuing phone connections ...
	UIDAI allows use of physical Aadhaar card for issue of new connections if customer gives it ... Devdiscourse Devdiscourse News Desk new delhi Last Updated at 26-10-2018 21:08:49 IST India. UIDAI allows use of physical Aadhaar card for issue of new ...
	YES Bank UPI transactions doubled to 290M in Q2FY19 MediaNama.com In the SC upheld the constitutional validity of Aadhaar, though it struck down Section 57 of the Aadhaar Act, which enabled private entities (like Yes ...
	Rising Kashmir News Rising Kashmir The meeting discussed threadbare various issues relating to Aadhaar Linkage, census of households and shops, profile of blocks, role of financial ...
	Indore: Airport gold seizure case may just be tip of iceberg Free Press Journal Following the seizure, a case of fake Aadhaar cards and human trafficking have also come to light where 2 minor girls were accompanied by the ...
	'Implement fee reimbursement scheme in toto' The Hindu Party city president Malla Vijay Prasad said that the TDP went back on its promise of implementing reimbursement for BCs without the Aadhaar ...
	Regional review meet on fisheries held The Hindu They discussed the progress of various schemes like — implementation of Direct Benefit Transfer scheme, collection of Aadhaar and bank details for ...
	Caution on DNA Bill: raise awareness first Deccan Herald After Aadhaar, The DNA Technology (Use and Application) Regulation Bill, 2018, has re-ignited fears regarding data privacy and potential abuse by ...
	National Pension System on your fingertips! Check NPSApp features, benefits Zee Business Are you a National Pension System (NPS) subscriber? Here's good news for you. Now, you can track details of your account and investment on your ...
	Start-ups should understand legal framework, says Nasscom chief The New Indian Express When asked about the Aadhaar verdict and the new data privacy law, she said regulation was evolving in the country and will take its own time.
	It's Time We Started Talking About The Economic Costs Of Judicial Overreach Swarajya A recent case pertains to the Aadhaar judgment, which restricted the use of Aadhaar by private companies, thus dealing a blow to the entire FinTech ...

13939 - Aadhaar Articles dated 25th October 2018

	'Absence of Aadhaar-based e-KYC unlikely to impact business' Economic Times Mutual fund advisors offering direct plans on their online platforms do not believe that curbing Aadhaar based e-KYC would hit their business in a big ...
	Kotak's 8/11 Aadhaar-based accounts take a hit, post-SC order Economic Times MUMBAI: Private sector leader Kotak Mahindra Bank Wednesday said it has stopped new account openings under a popular route that relied on a ... Kotak Mahindra Bank's '8/11' Aadhaar-based Accounts Take a Hit After SC Verdict - News18 Kotak Bank temporarily suspends digital account opening platform 811 - Moneycontrol.com Kotak Mahindra Bank suspends opening of “811” digital accounts - IBS Intelligence (blog)
	Farmers told to give Aadhaar to sell paddy at Ambala Cantt market The Tribune Farmers reaching the Ambala Cantonment Grain Market to sell their paddy stock have been asked to submit their Aadhaar card numbers with the ...
	NEXT Biometrics achieves Aadhaar certification for Android Planet Biometrics Android devices, such as Android-based point-of-sale (POS) terminals, are currently used extensively throughout India for Aadhaar transactions.
	Despite High Court order, Delhi government schools seek voter ID and Aadhaar details of parents ... OpIndia The Aam Aadmi Party-led Delhi government had sought the Voter ID and Aadhaar details of all the 87 lakh students in Delhi's schools along with ...
	From Aadhaar to CBI, Mapping Modi Govt's 'Don't Care' Attitude The Quint A glaring attempt by the central government to turn the tables in its favour in the prolonged Aadhaar debate was its order ensuring mandatory linking of ... Four men held outside house of Alok Verma, who was stripped of charge as CBI chief - Hindustan Times Full Coverage
	IRDAI may junk physical papers, switch to e-Insurance account: CAMSRep CEO SV Ramanan Moneycontrol.com The insurance regulator had said that individuals can either use PAN or Aadhaar card as KYC for opening a digital insurance account. With the ...
	How RBI's move will affect wallet-to-wallet transfers Moneycontrol.com On September 26, the Supreme Court had struck down Section 57 of the Aadhaar Act, barring private companies to insist on Aadhaar details of ...
	How Amazon, Flipkart's 'instant credit' offers work Gadgets Now Earlier KYC process mandatorily required Aadhaar and PAN details. However, the Supreme Court in its recent landmark judgement on use of ...
	Below-poverty-line cards and the corruption surrounding it! Daily News & Analysis That was not immediately available, so we checked if Aadhaar card would do, but the agent refused, saying that would not help him trace the person, ...
	Who is Gopal Shankarnarayanan, CBI Director Alok Verma's Advocate The Quint He is a reputed lawyer with a clutch of high-profile civil and constitutional cases on his resume – from the Aadhaar privacy case to being secretary to ...
	Cabinet approves India-Singapore pact for setting up JWG on fintech Times of India The collaboration will also lead to integration of RuPay-Network for Electronic Transfers (NETS), UPI-FAST payment link, Aadhaar Stack and e-KYC in ...
	Kiphire prepares for Mega legal camp on October 31 Morung Express He also asked the bank to at least open account for 1000 account and assured that the District Administration will see to it that the Aadhaar machine is ...
	Two held for theft from parked cars Times of India Police seized nine laptops, four mobile phones, one Apple iPad, Aadhaar card, PAN card, hard disk, 128 Saudi Arabian riyals and three gold rings, ...
	UPJEE 2019: Exam date announced, online application process soon The Indian Express The candidates should have all the required details like class 10 certificate, Aadhaar card while filling up the online form. On submission of details, ...
	Rohingya in voter list: CEO conducts discreet inquiries The Hindu ... 3 to educate them against indulging in unlawful practices for obtaining official documents like EPIC, Aadhaar and PAN cards and driving licence.
	ED Attaches Nirav Modi's Assets Worth Rs 255 Cr in Hong Kong League Of India The joint statement clarifies that the Hon'ble Supreme Court in its judgement in Aadhaar case has nowhere directed that the mobile number which has ...

13938 - Aadhaar Articles Dated 24th October 2018

	Telcos call for voluntary use of Aadhaar in e-KYC process Economic Times The view is that if mobile phone companies are allowed to offer Aadhaar-based verification as a voluntary option to customers, then they do not need ... Opinion | Ensuring that the vulnerable benefit from Aadhaar - Livemint Ban on Aadhaar linking may crimp growth of financial players - Economic Times State mulls using QR code to verify digital payments - Times of India
	Telcos Appeal Government To Make Aadhaar Verification Voluntary Inc42 Media Telcos have suggested to approach Supreme Court for making Aadhaar use in e-KYC process voluntary. The companies had said that with this, they ... Telecom operators want voluntary use of Aadhaar to be allowed for e-KYC: Report - Moneycontrol.com
	EPFO will not prosecute employers over Aadhaar non-compliance: Report Moneycontrol.com The EPFO is yet to put out a formal notice withdrawing its earlier order of mandatory linking of PF accounts with Aadhaar. This comes a month after the ...
	Aadhaar: Are UIDAI and DoT Misleading Mobile Users on SC order? Moneylife With the five-judge Constitution Bench of the Supreme Court terming Section 57 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, ... Aadhaar digest: Masked numbers, fintech exemption and AePS - MediaNama.com Can Private Entities Still Choose to Use Aadhaar After SC Verdict? - The Quint Private telecom companies still flouting SC order on Aadhaar - India Legal
	After Supreme Court order, confusion over telecom service providers deleting Aadhaar data Hindustan Times There is uncertainty over whether telcos will delete all biometric data and Aadhaar details of subscribers following the Supreme Court's September 26 ...
	Aadhaar: Here is How You Can Lock or Unlock Your Biometrics Moneylife The Unique Identification Authority of India (UIDAI) claims that it had enrolled over a billion residents for its Aadhaar number scheme. If you have an ...
	West likely to adopt India's Aadhaar-type KYC model Times of India Visakhapatnam: India's Aadhaar model is going to be adopted by other countries, especially in the United Kingdom and the United States of America, ..
	Seeds of trouble The Hindu BusinessLine The Election Commission's reported move to get voters to link their Aadhaar number to the electoral identity card is uncalled for. It can even become ...
	Aadhaar: Why Is Google Again Sneaking UIDAI's Helpline Number into Mobile Phones? Moneylife Earlier in August, after the challenge from RS Sharma, chairman of the Telecom Regulatory Authority of India (TRAI) to harm him through his Aadhaar ...
	Book review | The Aadhaar Effect: An innovation misunderstood, a victim of circumstance Moneycontrol.com The Aadhaar Effect, written by NS Ramnath and Charles Assisi, almost personifies the Aadhaar — if it were to tell its own story from birth to a ...
	EPFO not to prosecute employers over Aadhaar non-compliance Daily News & Analysis Though the government-owned PF firm has not yet put out a notice on withdrawal of its orders on the mandatory linking of PF accounts with Aadhaar. EPFO gives massive relief, it will not lodge cases over these accounts - Zee Business
	All you need to know about Aadhaar: Where it is mandatory and where it is not thenortheasttoday.com TNT News | Oct 24, 2018: During the past couple of months, fresh reports on linking of aadhaar with various schemes and mobile numbers and the ...
	Punjab Cops Use Aadhaar To Profile Kashmiri Students, Turn Blind Eye To SC Order India Legal It circulated a form seeking various details, including Aadhaar card and other documents and singled out Kashmiri students for the exercise.
	Gemalto apologizes to UIDAI for incorrect reporting of 1.2 billion Aadhaar data breach Tech Observer Under tremendous pressure from Unique Identification Authority of India (UIDAI), Gemalto has backtracked from its finding of 1.2 billion Aadhaar data ...
	Amazon, Flipkart 'instant credit' offers decoded Economic Times Earlier KYC process mandatorily required Aadhaar and PAN details. ... Queries as to how the e-commerce companies were asking for Aadhaar post ...
	Addressing hunger will result in other gains too Hindustan Times Some cardholders could not authenticate themselves at the Aadhaar based ... else's bank account linked to their Aadhaar without their knowledge.
	EPFO seeks EC's nod for board meeting ahead of assembly polls Livemint Besides, the drive to link all PF accounts with Aadhaar needs a relook after the Supreme Court last month ruled that the biometric ID can be mandatory ...
	Why India lags peers in digital payments Livemint Aadhaar, which was used by fintech companies to fulfil know-your-customer (KYC) norms, can no longer be used by private companies. As fintech ...
	Fintech re-writing the history of financial, banking sectors: Experts The Hindu BusinessLine On the issue of aadhaar linkage, speakers said though the recent Supreme Court judgment had made it clear that aadhaar linkage is not mandatory ... 'Fintech re-writing history of financial and banking sectors' - The Hindu BusinessLine
	NEET 2019 Application Form to start from Nov 1; Know 6 important points to apply! Careers360 (press release) (blog) As per the directives of the Supreme Court of India on September 26, the Aadhaar card is not mandatory to apply for NEET UG. The notification by NTA ...
	TH23PTI9262018000052A The Hindu The Supreme Court today declared the Centre's flagship Aadhaar scheme as constitutionally valid but struck down some of its provisions including its ...
	Don't fall for this EPFO 'scam' while withdrawing PF Gadgets Now When someone calls this number, the person asks for ATM card, PAN card, Aadhaar card details for 'processing' PF withdrawal/ updation, KYC and ... Scammers game Google, try to steal provident fund money by conning people on phone - India Today Be Alert of this EPFO Scam! - The Hans India
	How will RBI's move affect wallet-to-wallet transfer? Livemint A five-member Constitution bench of the Supreme Court on 26 September barred private companies from accessing Aadhaar details of consumers, ...
	When Will Jio Become India's #1 Telecom Player? Have They Beaten Airtel Already? Trak.in (blog) After the Supreme Court ordered that all private companies must stop using Aadhaar as KYC tool, things have changed. Rumors of 'inconvenience' ...
	View from India: IIIT-H to set up Biometrics Lab E&T Magazine To date, approximately 121 crore (1.21 billion) individuals have been issued an Aadhaar card based on biometrics de-duplication. “Biometrics is the ...

13937 - Aadhaar Articles Dated 22nd October 2018

	NEWS
	Aadhaar racket: 2 accused involved in enrolment project Times of India TIRUPUR: Two men from Bihar, who were arrested here recently for producing Aadhaar cards for illegal migrant labourers, had worked in the Aadhaar ... Accused in Aadhaar case were working for Bihar bank - The New Indian Express Police on look out for two in connection with seizure of fake Aadhaar cards - The Hindu Aadhaar racket: 2 accused involved in enrolment project, had access to govt's registration platform - NYOOOZ
	Aadhaar for e-KYC optional in cities; its the only option in villages The New Indian Express While retail outlets of TSPs in cities are giving an option of activating sim cards through other identity proofs, in villages, Aadhaar continues to be the ...
	Find ways to make Aadhaar necessary The New Indian Express Aadhaar had a narrow escape from being gutted to the dustbin of history. In a majority verdict, the Supreme Court found it to be an effective instrument ...
	Aadhaar not must for digital degree, NAD yet to comply Times of India Nagpur: Following last month's Supreme Court ruling, Nagpur University (NU) has made Aadhaar linking optional for 1.33 lakh students from the ...
	Banks Can Continue With Aadhaar-Enabled Payment System: UIDAI EO India (blog) In the wake of Supreme Court's verdict on Aadhaar in September 2018, the Unique Identification Authority of India (UIDAI) has told banks to continue ...
	Asian Countries to Roll Out National Digital ID Initiatives CPO Magazine In part the problem with the Aadhaar digital ID initiative was in its ambitious scope – the ID would have touched almost every aspect of the day-to-day ...
	Sunday Gyaan! All you should know about Pradhan Mantri Awas Yojana (PMAY) Free Press Journal Upon entering the correct Aadhaar number, you will be provided with a PMAY application form. Fill it with accurate personal, contact, bank account, ...
	Ola, Uber drivers to protest today to demand fare hike Mumbai Mirror They also want that the bookings should be made only from the Aadhaar-verified numbers of the customers and a check on hiring of new cabs by the ...
	NSDL Payments Bank to start ops soon Times of India ... for digital players to operate in the wake of the Supreme Court (SC) order denying Aadhaar-based authentication for onboarding customers.
	Teacher returns bag with jewellery to owner Times of India Usually these cash bags contain driving licence, Aadhaar card or any other documents which give us some details. I could only find an examination ...
	NTA announces UGC NET Dec 2018 exam date; Exam on 18, 19, 20, 21, 22 December AglaSem News Valid and non expired photo IDs that are aceptable are PAN card, driving license, voter ID, passport, aadhaar card with photograph, Aadhaar ...
	Four women stopped on way to Sabarimala The Hindu The Aadhaar card produced by the woman showed her age as 46 and a 1000-strong mob assembled there to block her entry to the Nadappanthal ... 4 women seeking to enter Sabarimala temple sent back by protesters - Outlook India
	Chennai PO tops by opening 660 savings accounts News Today The Post Master said on fifth day (13 October), there was a free Aadhaar enrolment camp that happened from 8 am to 5 pm,” she said. Amudha said ...

13936 - Aadhaar Articles Dated 17th October 2018

	Payments companies asked to stop Aadhaar-based services Economic Times “Since your organisation can no longer use Aadhaar-based authentication services… you may cease all operations with respect to Aadhaar-based ... UIDAI asks digital payments companies to stop offering Aadhaar-based services - Business Today UIDAI Asks Non-Banking Fintech Companies To Stop Aadhaar-Based Services - Inc42 Media Aadhaar still the 'most important' document for banks, telcos - The Hindu BusinessLine
	Telcos submit Aadhaar exit plans to UIDAI, express fear of more financial burden The News Minute The worst fears expressed after the Supreme Court delivered its Aadhar judgement was on the use of Aadhaar for KYC verification by the mobile ...
	1.2 billion Aadhaar records compromised in first half of 2018: Gemalto report Moneycontrol.com 1.2 billion data Aadhaar records were compromised in the first half of 2018, according to Breach Level Index, a global database of public data ...
	Fake Aadhaar cards: Cops detain man from Bihar Times of India TIRUPUR: A special police team from Tirupur has detained a 26-year-old man from Bihar for allegedly producing fake Aadhaar cards for illegal ...
	Now, apply for passport, PAN card, Aadhaar at NDMC's 'common service kiosk' Hindustan Times The New Delhi Municipal Council (NDMC) opened its first “common service kiosk” at Minto Road where it said residents can apply for facilities such as ...
	'Aadhaar enrolment should be put on hold' The Shillong Times SHILLONG: The Meghalaya Peoples' Committee on Aadhaar asserted that the Government should put on hold Aadhaar enrolment and requirement of ...
	In tribal Madhya Pradesh, BJP grapples with anger over Aadhaar glitches, delay in welfare schemes The Indian Express This requires updating Aadhaar. It doesn't happen in a single attempt. We have to travel several times to get the details updated. Even a simple thing ... Madhya Pradesh: Citizens unable to access welfare schemes due to Aadhaar glitches - The Live Mirror
	Now you can apply for passports, Aadhaar at NDMC kiosks India TV At this kiosk, the residents can apply for facilities such as passport, Aadhaar card, air and railway tickets. Kiosk is a part of NDMC's smart city project ...
	Punjab cops 'profiling' J&K students Times of India They are also seeking Aadhaar details, leading to fears among many ... SC in its September 26 order had struck down the provision in the Aadhaar ...
	Profiling fears: Punjab police seek Jammu & Kashmir students' Times of India They are also seeking Aadhaar details, leading to fears among many Kashmiri students that the police is singling them out. Many are also asking if this ...
	NBFCs snap lines of credit to fintechs Times of India The biggest blow was the government denying them access to the Aadhaar database, which enabled remote customer acquisition and authentication.
	CoA faces criticism for sudden change in domicile rule The Indian Express ... be eligible to play as local players on submission of their respective parent's transfer order and the Aadhaar card of the player with the new address.
	10.16.18 Your morning briefing PaymentsSource Payments companies asked to stop Aadhaar-based services ... companies asking them to stop offering any Aadhaar-based service on their platform, ...
	Police seek info on students from other states studying in Punjab educational institutions Business Standard Police is learnt to have sought information, including Aadhaar number, contact details and latest photograph, about students from other states studying ...
	Parties blame Pune municipal corporation, irrigation department for water crisis Hindustan Times The members said that the water supply should take into account the city's increased population as per the Aadhaar data available with Unique ...
	Pampa turns into protest zone The Hindu At least one woman Travancore Devaswom Board (TDB) official was caught on camera showing her Aadhaar Card to the protestors to prove her age ...
	After Skylark, another major demolition on cards The Tribune Those who are in the possession of the land had produced copies of the electricity bill, telephone connection, Aadhaar card, voter ID card, water ...
	Punjab police concerned about law and order situation after crushing terror plot Devdiscourse Police are learnt to have sought information, including Aadhaar number, contact details and latest photograph, about students from other states ...

13935 - Did SC Re-Affirm that Aadhaar Database Could Be Used for Criminal Investigations? - The Wire

Did SC Re-Affirm that Aadhaar Database Could Be Used for Criminal Investigations?

There will likely be more pressure on the UIDAI to co-operate with investigative agencies.  

Theoretically, if the police find fingerprints at a crime scene, they could run those through the Aadhaar database, matching them against the entire database of citizens in the hope of identifying the culprit. Credit: Reuters/Illustration by The Wire

Prashant Reddy T.

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LAWTECH

16/OCT/2018

The opposition against Aadhaar for the last few years has been primarily based on concerns of surveillance, with the concerns regarding exclusion getting little media space. The surveillance potential of Aadhaar was first flagged by Usha Ramanathan around eight years ago in an article published by the Economic & Political Weekly when few others were giving the UID project a hard look.

In that article, which was the first warning shot fired against Aadhaar, Ramanathan warned that the creation of a unique identifier like Aadhaar would eventually lead to the convergence of different databases that were otherwise maintained in separate silos, thereby giving the Indian state an unprecedented capacity to monitor the lives of its citizens and their activities.

The proponents of Aadhaar, have rejected this portrayal of Aadhaar and have pointed out that Aadhaar’s architecture allows it to collect only very limited information. For example, if an Aadhaar authentication is carried out by a bank to open an account or by a telecom service provider, the Aadhaar centralised database will only collect information regarding the entity which has requested the authentication but will not know the purpose of the authentication, i.e. the details of the transaction at the bank or the telecom service provider.

Also read: Aadhaar Verdict: Does the Mere Collection of Biometrics Violate Bodily Integrity and Privacy?

If an investigation agency wants to collect evidence related to the transactions conducted by the account holder, it will still have to seek a court order under The Bankers’ Books Evidence Act, 1891. The concerns about convergence may thus be overblown because each silo of information is usually governed by an in-built privacy regime.

The second concern with relation to Aadhaar’s surveillance potential was the possibility of its database of a billion biometrics being used for the purposes of criminal investigation. Since Aadhaar is designed in a manner to carry out de-duplication of each set of biometrics, the system can match the fingerprints of one individual against all 1 billion biometrics to check if the person has already been allotted an Aadhaar number. Its ability to carry out de-duplication goes to the heart of the UIDAI’s claim that Aadhaar is unique.

Theoretically, this means that if the police find fingerprints at a crime scene they could run those through the Aadhaar database, matching them against the entire database of citizens in the hope of identifying the culprit.

In fact, there is an actual instance of the Bombay high court directing the UIDAI to match fingerprints, collected by the CBI in a rape case, against its own database. The SC stayed the Bombay high court’s order in 2014 after it was approached by the UIDAI on the grounds that its database was not meant to be used for criminal investigations. Since that stay order of the SC, high-ranking officials such as the chief of the National Crime Records Bureau (NCRB) have made public comments about using the Aadhaar database for the purpose of criminal investigation. The UIDAI has repeatedly rejected such demands. The fear is that such power in the hands of the police is susceptible to misuse.   

Section 33 of the Aadhaar Act, 2016

The main provision of the Aadhaar Act, 2016 meant to curb the state’s potential to conduct surveillance is Section 33 which regulates the manner in which the identity information or the authentication information contained in the Aadhaar database can be shared by the UIDAI. This provision, whose constitutionality was challenged before the Supreme Court, has two parts.

The first part of the provision, S. 33(1), allows the sharing of identity information and authentication information pursuant to the orders made by a district judge. At no point, can a district judge order the sharing of core biometric information i.e. fingerprints or iris scans. The provision isn’t quite clear whether a district judge can order the UIDAI to run fingerprints, provided by an investigating agency, through its database to locate a possible suspect. Technically the UIDAI can conduct the exercise and share the identity information without sharing the biometric information. An additional issue with the wording of this provision is that it gives no guidance to a district judge as to the scenarios in which a request for accessing identity or authentication information may be accepted or denied.  

The second part of the provision, S. 33(2), allows for the sharing of identity information, core biometric information and authentication information, for the purposes of national security pursuant to the orders of a joint secretary to the government of India, whose orders will subject to post-facto review by an oversight committee consisting of the Cabinet Secretary and two other secretaries.

The constitutional challenge against Section 33

The challenge against Section 33 was three-fold.

The first ground of challenge was that the provision violated Article 20(3) which is the fundamental right against self-incrimination i.e. no person can be made to stand witness against oneself when accused of a crime. This was a weak argument because an earlier decision of the Supreme Court in 1962 has ruled that the collection of fingerprints and handwriting samples is only the collection of evidence and that it does not amount to giving testimony against one self and is thus not self-incrimination.

The second ground of challenge, was that ‘national security’ was a vague phrase and that the oversight committee was not independent enough. ‘National security’ is generally seen as a policy issue which is within the realm of the executive and courts rarely interfere with such clauses.

The third ground of challenge was that the oversight committee was not independent enough. There is really no constitutional principle requiring the oversight committee to be independent. As for the composition of the Oversight Committee it should be remembered that it adopts a formula laid down by the Supreme Court in the mid-nineties, in PUCL v. Union of India, where the court ordered the government to setup a review mechanism to monitor phone tapping.

The majority opinion

The majority opinion by Justice Sikri is quite disappointing because of its weak analysis. His honour makes no attempt to engage with the arguments in relation to self-incrimination, instead preferring to dispose the issue by stating that the district judge may consider the issue of Article 20(3) at the time of deciding applications for allowing access to the identity information or authentication information. The only concession made by the judgment is that the person whose information is being sought is required to be given a hearing along with the UIDAI prior to a decision being made by the district judge. But how exactly does this work when an investigating agency wants to run the fingerprints of an unknown person against the Aadhaar database in the hope of tracing an accused or perhaps trace the identity of a John Doe? The judgment is silent on the issue.   

Also read: One Data Protection Legislation and One Regulator for 1.3 Billion People?

On the issue of Section 33(2) and ‘national security’, Justice Sikri refers to relevant precedent to declare that ‘national security’ is a not a question of law but a matter of policy and held that the state could access information held by the UIDAI in the interests of national security. However, with the regard to the person who can order access to be provided in the interest of national security, Justice Sikri declares, at page 424, that joint secretary is too junior a rank and that the power should be granted to a higher ranking official. On this basis he strikes down Section 33(2) of the Aadhaar Act. His honour does not even attempt to explain the legal basis of such a conclusion.

By the time Justice Sikri arrives at the conclusion of his judgment at page 559, where he summarises his holdings, he states that a judicial officer should be associated with process of passing an order to access information.

He states in relevant part:

“However, for determination of such an eventuality, an officer higher than the rank of a Joint Secretary should be given such a power. Further, in order to avoid any possible misuse, a Judicial Officer (preferably a sitting High Court Judge) should also be associated with. We may point out that such provisions of application of judicial mind for arriving at the conclusion that disclosure of information is in the interest of national security, are prevalent in some jurisdictions.”

Like much of this judgment, there is simply no legal reasoning to back this conclusion or engage with the court’s own precedents. The Supreme Court in the PUCL case had rejected a request for phone tapping to be authorised only on the basis of warrants issued by judges rather than bureaucrats.

If Justice Sikri is diverging from this viewpoint, as appears to be the case, it is only reasonable to expect reasons for this conclusion. More puzzling is the formulation that he suggests. What exactly does his honour mean when he states that a judicial mind should be associated with the process of passing such an order? Does it mean that a judge should be sitting with a bureaucrat to pass an order? This would be an extraordinary setup because there is simply no precedent for such an arrangement.   

The concurring opinion

The concurring opinion by Justice Bhushan upholds Section 33 without making any recommendations on the lines made by Justice Sikri. Unlike the majority opinion, Justice Bhushan’s conclusions are backed by cogent reasoning and precedent.  

On the issue of whether Aadhaar violates the right against self-incrimination under Article 20(3), he refers to the precedent of the Supreme Court from 1962, in the case of State of Bombay v. Kathi Kalu Oghad, where the Court drew a distinction between collection of evidence and standing witness against oneself, noting that collection of biometrics fell within the former, which is not the same as self-incrimination.

Also read: Aadhaar and the ‘Least Intrusive Option’: What Did the SC Say About Smart Cards?

On the issue of ‘national security’, Justice Bhushan found in favour of the government because of the precedent that has declared national security to be a policy issue that can be determined by the government and not the judiciary.

In addition, Justice Bhushan also referred to a number of Indian and international judgments where it was held that national security was a valid ground to access personal information.

The dissent

The dissent by Justice Chandrachud does not really analyse the arguments regarding Section 33, and understandably so, because he concludes that the entire Aadhaar project violates the fundamental right to privacy when tested on the proportionality touchstone.

Once he concludes that the Aadhaar project itself is unconstitutional, there is little to be gained by analysing Section 33.

More pressure

As things stand now, Section 33(1) is constitutional, and it is constitutional to use the Aadhaar database for criminal investigation. Neither the majority nor the concurring opinion prohibits such usage.

In fact, the concurring opinion is quite lucid on this point when it concludes as follows:

“Section 33 cannot be said to be unconstitutional as it provides for the use of Aadhaar data base for police investigation nor it can be said to violate protection granted under Article 20(3).”

The implications of this conclusion are significant because there will now be more pressure on the UIDAI to co-operate with investigative agencies.  

While Section 33(2) has been struck down as unconstitutional, the formulation specified by Justice Sikri is so bizarre that it is not possible to implement. It is now up to the government to recommend a new formulation of Section 33(2).

Prashant Reddy T. is an assistant professor at NALSAR University of Law, Hyderabad.