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

Showing posts with label CAG. Show all posts
Showing posts with label CAG. Show all posts

Sunday, August 14, 2016

10301 - UIDAI extended undue favour of Rs 4.92 crore to Wipro: CAG


By PTI | Aug 03, 2016, 06.25 AM IST
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CAG has flagged "undue favour" to Wipro Ltd by UIDAI, which manages Aadhaar, in a maintenance contract.
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NEW DELHI: Government auditor CAG has flagged "undue favour" to Wipro Ltd by UIDAI, which manages Aadhaar, in a maintenance contract involving an avoidable expenditure of nearly Rs 5 crore. 

CAG also found that UIDAI incurred a loss of Rs 1.41 crore by not following the government policy of routing its advertisements through official agency DAVP

"Unique Identification Authority of India (UIDAI) in contravention of the provisions of the contract extended undue favour to the vendor (M/s Wipro Ltd) and incurred an avoidable expenditure of Rs 4.92 crore on annual maintenance contract of the equipment for a period covered under warrant/free maintenance," CAG said in a report tabled in Parliament today. 

According to the report, UIDAI entered (May, 2011) into a contract with Wipro Ltd (vendor) for supply, installation and commissioning of servers, storage systems, security systems and accessories with incidental services in the data centres of the authority in Bengaluru and Delhi/NCR at a cost of Rs 134.28 crore. 

CAG stated that as the vendor was responsible for erection and installation of the goods/services at the destination sites and for making them fully operational, subject to an acceptance test (AT) based on the prescribed norms. 

The final AT was conducted by STQC in January-February 2013 with satisfactory performance. Thus the date of acceptance was February 2013. 

The contract stipulated that warranty of the equipment would remain valid for 36 months in respect of servers and storage system and 12 months in respect of all other goods, after the goods had been delivered (and commissioned) to the final destination and accepted. 

As per contract terms and conditions the date of acceptance of equipment was February, 2013. However on being requested by Wipro, UIDAI decided (February, 2013) to adopt as date of acceptance for all equipment. 

CAG noted that as a result of reckoning this date, the stipulated period of warranty of 12 months for items other than servers and storage system expired on January 31, 2013, which was month before its acceptance. 

UIDAI agreed (March 2013) with vendor for annual maintenance Contract (AMC) of these equipments at a total cost of Rs 4.92 crore for the period from February 2013 to January 2014. The agreement was signed on June 1, 2013. 

CAG observed that a deviation from the original contract in terms and entering into a fresh AMC retrospectively by UIDAI resulted in avoidable expenditure of Rs 4.92 crore on AMC of the equipment which was to be covered under warranty/free maintenance. 

CAG also found that the UIDAI did not route its advertisements through the Directorate of Advertising and Visual Publicity in accordance with the advertisement policy of Ministry of Information and Broadcasting. This led to loss of Rs 1.41 crore as the eligible discount was not availed.

Friday, January 25, 2013

2766 - Nandan Nilekani on inquiry by Intelligence Bureau, national auditor CAG



Reported by Sunetra Choudhury, Edited by Prasad Sanyal | Updated: October 22, 2012 20:11 IST


New Delhi: Nandan Nilekani, who is heading the unique identity card (UID) scheme Aadhar, told NDTV today he welcomed a probe by the Intelligence Bureau and an audit by the Comptroller and Auditor General, saying that "all problems have been sorted out, there are no concerns". He didn't think that it was a case of over-reach by the IB and CAG but declined to go into details. 

The IB had initiated a probe into the UID scheme after some cards were found with names of fruits and vegetables on them. The IB had been instructed by the home ministry to inquire into this, considering it as a "security risk". The home ministry had raised concerns about the biometric recording of card-holders being done by private agencies that it said were not qualified. The CAG has been going through the account books of the scheme since October 3. 

"It is their prerogative. I am now a servant of the government. When you join this system, you have to accept all this," he said. 

He had a few tough words for those pushing to change the system, though: civil society activists and anti-corruption crusaders, who are demanding a Lokpal. 

The Unique Identity Authority of India chairman told NDTV today that he didn't think a "super cop" Lokpal was the solution for "all ills". He said that more laws will not change the system, it has to be changed from the inside. "I am very positive about the system and reforms and I believe it needs to be changed from inside," he said.

"Creating a super cop like the Lokpal sitting on top of everyone will not create a miracle. It won't work when things are made more difficult for bureaucrats. These are glib solutions," he said. "We have to roll up our sleeves and work out the problem." 

The Lokpal bill is aimed at creating an independent ombudsman to tackle corruption at all levels. It has been held up in Parliament as it couldn't get the support of all parties, which are differing about its scope and composition.

Mr Nilekani, formerly with software giant Infosys, was drafted into the government to head the UIDAI, which is intended to bring more focused and efficient delivery of welfare schemes as well as transparency in government. A direct cash transfer scheme to beneficiaries of subsidies was started yesterday by the prime minister to cut out fraud and corruption, to mark the third anniversary of Aadhar.

Saturday, October 15, 2011

1698 - The Officer Raj by Shekhar Gupta - Indian Express

Posted: Sat Oct 15 2011, 01:38 hrs

On the last working day of September, the Nandan Nilekani-led UID Authority received a rather clinical-sounding communication from the Comptroller and Auditor General of India (CAG), informing him that he was sending in a team to conduct a performance audit of UPA 2’s flagship programme. This was to be a performance audit. Now, UID was not due for audit this year, so this was some kind of special initiative. And sudden too. Because on the morning of the very next working day, October 3, Monday, the CAG team was sitting in the UID offices. It was almost like a tax or CBI raid.
 
Now, you could argue either way on the constitutionality or justification behind such a sudden move, particularly when there hasn’t been even a whiff of any financial wrongdoing on the part of the UID. Even in terms of performance, its work has hardly gathered pace, so it may be much too premature for audit evaluation. But while there are no charges of wrongdoing of any kind against the UID yet, it has been dragged into a bureaucratic turf battle with some sections of the Planning Commission, and it is no secret on Raisina Hill that the opposition to the project (and the relative financial autonomy given to it) is led by Sudha Pillai, a redoubtable IAS officer now serving as secretary to the Planning Commission. 

To be fair, she has been open in questioning certain aspects of the way the project is being run. And it is probably only a coincidence that the current CAG, Vinod Rai, not only happens to be her 1972 batchmate, but also shares with her their parent cadre of Kerala.
 
We have no evidence at all of the two working in concert in any way, and so let us simply presume that each one has been acting on his/ her own, driven by bona fide doubts about the project. But what is evident is that each of them is at least individually challenging a programme so precious not only to this government, but also to the UPA’s top leadership, the Gandhis. Let’s not take a position on whether this is a good or a bad thing. Let us simply say that such things are nearly unprecedented in New Delhi.
 
If you’ve been observing our politico-bureaucratic complex closely over the past few months, you will find many such things that were hitherto unthinkable, or at least extremely rare. Some examples:
 
On July 29, Ashwani Kumar, minister of state for science and technology, threw a dinner party in honour of the new cabinet secretary and CVC, to which other senior political leaders and even top diplomats were invited. Now, how often have you seen ministers holding parties to welcome new bureaucratic appointees? In the British system we follow, in fact, the cabinet secretary is the clerk of the cabinet.
 
Just a fortnight back, the Indian Coast Guard took out advertisements (including in this paper) announcing the launch of two new ships. One of these was launched by the wife of the secretary, defence production, and the other by the wife of the joint secretary. So far, you thought these ceremonial, publicised launches were the privilege of the political class. With the politicians hiding in bunkers now, came the bureaucrats. And now their wives have joined the party too.
 
Almost every day now, you see civil servants, particularly those from economic ministries, on your TV screens. From finance to power to coal to oil and gas, almost all key economic ministries have seen their top civil servants emerge as their most visible spokespersons. On top of this bureaucratic star cast was, of course, our former home secretary G.K. Pillai. In fact, the only truly invisible civil servant is the seniormost of them all, the cabinet secretary, who, such a nice, self-effacing man, will most likely tell you that that is the way it is meant to be.
 
This government is under a legal assault of sorts from more civil servants retired from top positions than any in India’s history. At least three former chief election commissioners, one former cabinet secretary, 17 former Central government secretaries or equivalent and four former DGPs are in court, mostly with PILs, against this government. 

This list also includes a real surprise, a former air chief, Air Chief Marshal S. Krishnaswamy, who has joined a PIL questioning the appointment of directors to SEBI. And as this is being written, a group of former high-ranking government officials, led by former Union cabinet secretary T.S.R. Subramanian, and including former CEC N.

Gopalaswami among others, have filed a petition in the Supreme Court challenging the Civil Liability for Nuclear Damage Act, 2010. It seeks a stay on all proposed nuclear plants till a safety reassessment of all nuclear facilities in India and a cost-benefit analysis of nuclear plants are carried out.
 
As they would say in bureaucratese, this list is by no means conclusive, or even exhaustive. But it does give you the picture. That with the weakening of the political authority of UPA 2, with its ministers hiding in fright rather than going out to explain, support and be accountable for their decisions, our civil services are enjoying a golden era of unfettered, unquestioned power. They are controlling their ministries, with the political bosses afraid of questioning any bureaucratic input as it would later be seen as a scam by a regulator or anti-corruption watchdog (CAG, CVC, even the CBI), all totally manned by brethren in the same civil service. The result is indeed an unprecedented civil service coup.
 
You may also want to add to it the fact that most of the civil society groups — on all sides — are led by former bureaucrats (N.C. Saxena, Aruna Roy and Harsh Mander of Sonia Gandhi’s NAC; Kiran Bedi and Arvind Kejriwal of Anna’s team; and E.A.S. Sarma, B.D. Sharma and others of the anti-big project opposition loosely built around Medha Patkar). From all formulations it now also seems that the new Lokpal, whatever the nature of the final bill, would also be mostly manned by former bureaucrats, selected by a committee with a preponderance of their own former colleagues.
 
Can you blame the bureaucracy for this? Maybe not, because they are simply walking into a vacuum left behind by a political leadership which is not willing to stand up for its beliefs, convictions, or even bona fide decisions. This is the main reason it has got itself into such a jam on the 2G scam. 

With no real centre of gravity in UPA 2, its ministers are caught in an every-man-for-himself mindset. It’s been ceding ground which legitimately belongs to an elected government, to all claimants: the judiciary, civil society, RTI leaders, and now its own civil servants. The net result is this creeping acquisition of state power by the civil service. The state of this government is best characterised by that brutal, if sexist, old saying from the Hindi heartland: garib ki joru, sab ki bhaujai (a weak man’s wife is everybody’s sister-in-law).
 
Is this is a good thing, or a bad thing? Many, in fact most, of these civil servants are probably honest, well-meaning Indians — so what is wrong if they displace our bumbling politicians?
 
I am reminded of a story that former US Ambassador to India Robert Blackwill says he would tell routinely to his students at Harvard University’s Kennedy School. Bureaucrats, he said, were like doctors and nurses in the emergency ward of a hospital. When a patient was wheeled in, their job was to follow Standard Operating Procedure (SOP) and wait for the specialists (the political leaders) to arrive next morning. The politicians would then decide what to do with the patient, and the bureaucrats would, in turn, implement those instructions. 

But you can imagine what would happen if people trained to follow SOPs took over the job of the specialists in a country as challenging to govern as India. The result would be a government in deep freeze, incapable of taking decisions, running on mere SOPs. In brief, a government in the emergency ward, which is as good a way as any to describe UPA 2 today.
 
sg@expressindia.com