12510 - Aadhaar linking: CJI frowns upon hyperbole - The Hindu

Aadhaar linking: CJI frowns upon hyperbole

Krishnadas Rajagopal

NEW DELHI, DECEMBER 14, 2017 22:48 IST

Justice Misra refuses to be moved by rhetoric against government action

Heading a five-judge Constitution Bench, Chief Justice of India Dipak Misra refused to be moved by the “hyperbole and rhetorics” against Aadhaar linking, while observing that the Supreme Court had passed interim orders making Aadhaar voluntary before the Aadhaar Act came into existence in 2016.

The Chief Justice's remarks came on the first day of the Aadhaar hearing after senior advocate Shyam Divan and advocate Vipin Nair for petitioners, argued that despite repeated orders passed by the Supreme Court since 2014, the various agencies and government ministries have gone ahead to issue a whopping 139 circulars making Aadhaar mandatory for nursery admissions to welfare subsidies to student scholarships to CBSE and NEET exams — even for getting a death certificate or treatment for HIV.

Consistent stand

Mr. Divan argued that the Supreme Court had never flinched from its stand, taken consistently in its past interim orders, that Aadhaar should be “purely voluntary” till it took a decision on the constitutional validity of the Aadhaar scheme one way or the other. Mr. Divan said these circulars were issued regardless of the fact that challenge against Aadhaar was still alive in the Supreme Court.

The series of government circulars making Aadhaar mandatory is in the teeth of the Supreme Court orders to continue Aadhaar as a voluntary exercise only for availing subsidies and “dimnishes the stature” of the highest court, Mr. Divan argued.

ALSO READ

SC reserves order on Aadhaar linking for tomorrow

Chief Justice Misra said the government circulars were issued under Section 7 of the Aadhaar Act.

“It is not that your orders disappear the moment Parliament passes a law,” Mr. Divan countered.

“So merely because these petitions were pending before this court, the government should have come to this court everytime before notifying under Section 7 of the Aadhaar Act?” Justice A.K. Sikri asked Mr. Divan.

When Mr. Divan handed over news reports showing suffering among the non-Aadhaar holding marginalised people due to lack of access to welfare benefits, Chief Justice Misra said the court is not compelled to look into “newspaper reports and website writings”.

Rights abrogated

Senior advocate Gopal Subramanium, for a petitioner, argued that orders passed by the Supreme Court, including one by a Constitution Bench of the court in 2015, emphasising on the voluntary nature of Aadhaar was under Articles 32 and 142, using the court’s fundamental and extraordinary powers in the Constitution.

“The Supreme Court exercised judicial powers to insulate the citizen from parting with their fundamental right to privacy, dignity and voluntariness through state compulsion, force or coercion. Fundamental rights of the citizen cannot be abrogated by the Aadhaar Act or any kind of legislation. It is against the rule of law and sanctity of judicial orders,” Mr. Subramanium argued.

How could the 139 circulars making Aadhaar linking mandatory override a judgment of a nine-judge Bench of the Supreme Court upholding privacy as a fundamental right? he asked.

Justice D.Y. Chandrachud, who wrote the majority verdict in the privacy case, agreed that Aadhaar Act is concerned only with receipt or expenditure regarding subsidies, funds for which are sourced from the Consolidated Fund of India.

Senior advocate Arvind Datar argued that the circulars issued under Section 7 of the Aadhaar Act have gone beyond mere subsidies. “In Chennai, Plus Two students require Aadhaar to attend their exams... you need Aadhaar to get a death certificate,” he submitted.

Article 144 of the Constitution mandates the government to act in furtherance of Supreme Court orders, not against it, Mr. Datar said.

Data breaches

Senior advocate K.T.S. Tulsi drew attention to reports that 210 central websites have been breached, exposing the personal data of consumers who had linked Aadhaar.

“Privacy is in peril if data is parted to telecoms. There is no data protection law in place till date,” Mr. Tulsi argued.

“Personal data given is not secured inherently. Data is not stored by the government, but outsourced to companies... American companies, who also supply to Pakistan. The individual has no remedy against data breach,” senior advocate Anand Grover submitted.

12507 - Supreme Court notice to Centre on Jairam Ramesh's plea on Aadhaar Bill - Economic Times

Supreme Court notice to Centre on Jairam Ramesh's plea on Aadhaar Bill

PTI|

Dec 15, 2017, 06.37 PM IST

NEW DELHI: The Supreme Court today sought a response from the Centre on a plea by Congress leader Jairam Ramesh challenging the government's decision to treat Aadhaar bill as a money bill and pass it during the budget session last year after rejecting amendments to it by the Rajya Sabha. 

NEW DELHI: The Supreme Court today sought a response from the Centre on a plea by Congress leader Jairam Ramesh challenging the government's decision to treat Aadhaar bill as a money bill and pass it during the budget session last year after rejecting amendments to it by the Rajya Sabha. 

A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud issued notice to the Centre and others, and tagged the plea of Ramesh with the clutch of petitions against the Aadhaar scheme itself for hearing by a five-judge Constitution bench on January 17 next year. 

Senior advocate and Congress leader Kapil Sibal, who appeared for Ramesh, said the government wrongly decided to term Aadhaar bill as a money bill and the issue needed to be debated and decided by the court. 

"Issue notice. As similar matters are listed on January 17, let this matter be listed on the same day," the bench said. 

Earlier, the apex court had said that it was "tentatively not convinced" about the grounds cited by the Congress leader to challenge Lok Sabha Speaker's decision to certify a bill to amend Aadhaar law as a money bill. 

The observation had come after the government contended that it fulfilled the criteria for certification as money bill as funds for welfare schemes for which the biometric identification number (Aadhaar) was necessary has to be drawn from the Consolidated Fund of India

The Centre took the stand that the decision of the Speaker cannot be brought under judicial scrutiny. 

The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016 was discussed and passed by the Lok Sabha on March 11 last year. 

It was then taken up in Rajya Sabha on March 16, where several amendments were made to it. The bill was then returned the same evening to Lok Sabha which rejected all amendments proposed by the Upper House and passed it. 

A money bill contains provisions for various taxes and appropriation of funds, and can be introduced only in the Lok Sabha. The Rajya Sabha cannot make amendments to such bills after passage by the Lok Sabha. The Rajya Sabha can suggest amendments but it depends on the Lok Sabha to accept or reject them. 

The NDA government chose to categorise the bill as a money bill as it lacked a majority in the Rajya Sabha. 

Read more at:

http://economictimes.indiatimes.comhttps://economictimes.indiatimes.com/news/politics-and-nation/supreme-court-notice-to-centre-on-jairam-rameshs-plea-on-aadhaar-bill/printarticle/62085696.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

12496 - Supreme Court to hear challenge to validity of Aadhaar scheme - The Hindu

Supreme Court to hear challenge to validity of Aadhaar scheme

Krishnadas Rajagopal

NEW DELHI, DECEMBER 13, 2017 11:31 IST

Constitution Bench may hear pleas.

Chief Justice of India (CJI) Dipak Misra on Wednesday informed the petitioners challenging the validity of Aadhaar scheme that their case from Thursday.

The announcement followed the issuance of a government notification amending the Prevention of Money-laundering (Maintenance of Records) Rules to discard the December 31, 2017 deadline for the linking of Aadhaar with bank accounts and PANs.

The notification, issued by the Department of Revenue of the Ministry of Finance , does not give any deadline for linking Aadhaar with banks accounts and PANs and leaves it open-ended, that is, until the government issues a notification in the future fixing a deadline.

In an urgent mentioning, one of the many done in the past few days, by the petitioners before the CJI Bench, Chief Justice Misra told senior advocate Shyam Divan and advocate Vipin Nair that “we will hear it tomorrow.”

A five-judge Constitution Bench, comprising the CJI, Justices A.K. Sikri, A.M. Khanwilkar, D.Y. Chandrachud and Ashok Bhushan, is likely to hear the petitions. It will take up pleas for clarifications on and interim reliefs from deadlines issued.

The right to choice of existing Aadhaar holders who do not want to link their bank accounts may come up for a decision. 

Similarly, the issue of extension of deadline of linkage of mobile phones with Aadhaar would also be pleaded before the Constitution Bench. The present deadline is February 6, 2018 in this regard.

Last week, Attorney General of India K.K. Venugopal submitted before the court that the government would notify the extension of deadline for mandatory Aadhaar linking from December 31, 2017 to March 31, 2018.

This extension included 139 government subsidies, benefits or services, which are funded out of the Consolidated Fund of India as per Section 7 of the Aadhaar Act of 2016.

Mobile phone linkage extension

Mr. Venugopal had, however, said the extension of mobile phone linkage deadline would require a judicial order from the Supreme Court itself. This is because the government was complying with a February 6, 2017 order of the court in the Lok Niti Foundation case to tighten up verification process of mobile phone users through Aadhaar linkage, citing national security.

The Chief Justice had then indicated that it would be left to the Constitution Bench to give dates for the final hearing of the Aadhaar petitions.

Mr. Divan had pressed for dates in the first or second week of January 2018, immediately after the Christmas holidays. He had submitted that the government should promise that no coercive steps would be taken by it or its agencies on Aadhaar holders till the court takes a final decision on the validity of the Aadhaar scheme.

“If that is the case, nobody will produce it [Aadhaar]. We have said that those with Aadhaar do not mind producing their Aadhaar,” Mr. Venugopal had responded, willing to argue the question before the Constitution Bench.

Mr. Divan had said the government’s stand was increasingly ambiguous on the plight of the existing Aadhaar holders who do not want to link their Aadhaar. He had urged the court to address this issue immediately.

The Aadhaar petitions have been in the Supreme Court since 2014. The petitions have challenged Aadhaar as a violation of the fundamental right to privacy.

In October, the Centre joined forces with Mr. Divan for an early hearing of the Aadhaar cases. Mr. Venugopal then said that falsehoods have been spread about Aadhaar linking, including how Aadhaar is a must for CBSE students to appear in Class 10 and 12 exams. He also said a Constitution Bench may be set up to decide all the Aadhaar issues once and for all.

Justice Rohinton Nariman’s separate judgment

The decision to set up a Constitution Bench comes despite Justice Rohinton Nariman’s separate judgment in the nine-judge Bench declaring right to privacy as a fundamental right. Justice Nariman’s judgment had directed that the Aadhaar petitions to be posted for hearing before the ‘original’ three-judge Bench.

This ‘original’ Bench led by Justice J. Chelameswar had referred the petitions for hearing before a five-judge Bench, which had found it necessary to first decide whether privacy was a fundamental right or not before hearing the Aadhaar petitions. It had referred the legal question to a nine-judge Bench, which came out with the historic judgment in favour of the common man’s fundamental right to privacy against State intrusions.

The nine-judge Bench verdict has a crucial bearing on the Aadhaar petitions, which have argued that Aadhaar’s use of biometric details like fingerprints and iris scans violate bodily and informational privacy.

The petitioners argue that mandatory requirement of Aadhaar for these schemes “constrict rights and freedoms which a citizen has long been enjoying unless and until they part with their personal biometric information to the government.”

The petitions have termed the Aadhaar Act of 2016 unconstitutional and contrary to the concept of limited and accountable governance.

12479 - Government to extend Aadhaar linking deadline to March 31; Apex Court to hear plea next week - Economic Times

Government to extend Aadhaar linking deadline to March 31; Apex Court to hear plea next week

BY SAMANWAYA RAUTRAY, ET BUREAU | UPDATED: DEC 08, 2017, 12.47 AM IST

NEW DELHI: The Supreme Court will next week hear a plea seeking interim relief in the Aadhaar case while the top court decides the legality of the government's ambitious flagship programme to assign every citizen a unique identity number, after the government said it would only extend a deadline for getting Aadhaar and seeding it to various social security benefits from December 31, 2017, to March 31, 2018. 

A three-judge bench, led by chief justice of India Dipak Misra, agreed to hear the plea next week, the last working week of the court before it breaks for its winter recess. This despite an assurance held out by Attorney General KK Venugopal that the central government would issue a notification later in the day extending the deadline for 131 services till March 31, 2018. 

"The government will issue a notification today extending the deadline for 131services," the AG said, without specifying the services. The AG said the extension would not, however, be extended beyond Dec 31, 2017, for linking mobile services to Aadhaar as the government was hemmed in by a court order which mandated it to do so by December 31. 

He also referred to a white paper on data protection to claim that the Aadhaar Act would have to be overhauled to further tighten the existing data protection regime to push for a late hearing of a host of petitions challenging the legality of the Aadhaar Act. 

Senior advocate Shyam Divan, who's is spearheading the legal battle against Aadhaar in court, said that the government should hold out an unequivocal assurance that no coercive measures would be taken in the interim by the government

The AG resisted giving any such assurance, instead insisting that if the government did not insist on Aadhaar, no one would submit it. "In that case, I will argue the case," he insisted. 

Divan then insisted on an early hearing next week by a Constitution bench on interim relief against the government's insistence on Aadhaar. The CJI said he would notify the date later. 

Read more at:

http://economictimes.indiatimes.comhttps://economictimes.indiatimes.com/news/economy/policy/government-to-extend-aadhaar-linking-deadline-to-march-31-apex-court-to-hear-plea-next-week/printarticle/61958401.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

12436 - Constitution Bench likely to take up petitions challenging Aadhaar-linkage schemes - The Hindu

Constitution Bench likely to take up petitions challenging Aadhaar-linkage schemes

Krishnadas Rajagopal

NEW DELHI, NOVEMBER 27, 2017 11:35 IST

Venugopal had said a Constitution Bench may be set up to decide all the Aadhaar issues once and for all.

Chief Justice of India (CJI) Dipak Misra on Monday said he will consider listing soon the clutch of petitions challenging the Aadhaar scheme before a Constitution Bench.

Both senior advocate Shyam Divan and Attorney General K.K. Venugopal made a joint mention to the Chief Justice Bench in the morning.

On October 30, the CJI had indicated that a Constitution Bench would hear the petitions against the validity of Aadhaar scheme from November last week. The petitions have been hanging in limbo in the Supreme Court since 2014.

A five-judge Constitution Bench is currently hearing a batch of petitions on the Centre-Delhi government power tussle over the administration of the National Capital. It is probable that the Aadhaar cases may be listed after the hearing in these petitions are wrapped up, probably next week.

The deadline for Aadhaar-bank account linking is drawing close on December 31. The Aadhaar-mobile phone linking is due on February 6, 2018. Both notifications have been challenged as a violation of fundamental right to privacy.

In October, the Centre had joined forces with Mr. Divan for an early hearing of the Aadhaar cases. Mr. Venugopal had said that Bench falsehoods have been spread about Aadhaar linking, including how Aadhaar is a must for CBSE students to appear in Class 10 and 12 exams.

Mr. Venugopal had said a Constitution Bench may be set up to decide all the Aadhaar issues once and for all.

The decision to set up a five-judge Bench has come despite Justice Rohinton Nariman's separate judgment in the nine-judge Bench declaring right to privacy as a fundamental right. Justice Nariman's judgment had directed the Aadhaar petitions to be posted for hearing before the “original” three-judge Bench.

This 'original' Bench led by Justice J. Chelameswar had referred the petitions for hearing before a five-judge Bench. The five-judge had found it necessary to first decide whether privacy was a fundamental right or not before hearing the Aadhaar petitions. It had referred the legal question to a nine-judge Bench, which came out with the historic judgment in favour of the common man's fundamental right to privacy against State intrusions.

The nine-judge Bench verdict has a crucial bearing in the Aadhaar petitions, which have argued that Aadhaar's use of biometric details like fingerprints and iris scans violate bodily and informational privacy.

The petitioners argue that mandatory requirement of Aadhaar for these schemes “constrict rights and freedoms which a citizen has long been enjoying unless and until they part with their personal biometric information to the government”.

The petitions have termed the Aadhaar Act of 2016 as unconstitutional and contrary to concept of limited and accountable governance.

12435 - Aadhaar linking deadline may move to March 31, Centre tells SC - Economic Times

Aadhaar linking deadline may move to March 31, Centre tells SC

By Samanwaya Rautray

NEW DELHI: The government on Monday requested the Supreme Court to put off hearing on the legality of Aadhaar to next year, with an assurance that it would extend the deadline to link the biometric ID with various services by three months to March 31, 2018. 

However, a bench headed by Chief Justice Dipak Misra indicated that it would soon hear a plea for interim relief in the case. 

Earlier, attorney general KK Venugopal told the court that an expert committee under Justice BN Srikrishna had come up with a draft white paper on the existing data protection regime and suggested some changes in the law as it stood now. These include protection for data under the Aadhaar Act. 

Among other things, the white paper suggests minimal data collection and deterrent penalties to deter leakage. 

However, the final paper would only come by February, the central government’s senior most law officer told a bench headed by the Chief Justice of India, requesting that the Constitution bench of the court hear the matter only after that. 

But senior advocate Shyam Divan rejected the suggestion, and insisted that the court deal with the plea for interim relief before December 31, 2017, while a final hearing was awaited. 

The government had at the last hearing said that it would not insist that those who already have Aadhaar link their unique identification numbers to their bank accounts and mobile phones before March 31. 

However, those who had not applied for Aadhaar would be allowed to avail of social security benefits only on the condition that they would apply for it. 

Those opposing Aadhaar said such requirements would hit the vulnerable the most. Also, it would leave citizens vulnerable to scrutiny and would not be a reasonable infringement on the liberties of citizens, they said. 

The Chief Justice said he might hear the plea for interim relief after the existing Constitution bench wrapped up its hearings. 

The hearing could happen in the first fortnight of December, before the court’s winter recess begins. 

Read more at:

http://economictimes.indiatimes.comhttps://economictimes.indiatimes.com/news/politics-and-nation/aadhaar-linking-deadline-may-move-to-march-31-centre-tells-sc/printarticle/61816156.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

12277 - Five-judge statute Bench to decide on Aadhaar validity - The Hindu

Five-judge statute Bench to decide on Aadhaar validity

Krishnadas Rajagopal

NEW DELHI, OCTOBER 30, 2017 15:10 IST

The decision to set up a five-judge Bench comes despite Justice Rohinton Nariman’s separate judgment in the nine-judge Bench declaring right to privacy as a fundamental right.  

SC issues notice to Centre on plea challenging mandatory linkage with mobiles

The Supreme Court on Monday decided to constitute a five-judge Constitution Bench to hear petitions from November against the validity of the Aadhaar scheme.

A Bench led by Chief Justice of India Dipak Misra took the step after Attorney General K.K. Venugopal said falsehoods had been spread about Aadhaar linking.

A separate Bench of Justices A.K. Sikri and Ashok Bhushan, meanwhile, issued notice to the government on a petition filed by advocate Raghav Tankha, challenging the mandatory linking of Aadhaar with mobile numbers. Mr. Tankha said the linkage was “orchestrated by the Union of India in tandem with private telecom service providers” in violation of the fundamental right to privacy.

Urgent mentioning

In an urgent mentioning made before Chief Justice Misra’s Bench in the post-lunch session after Justice Sikri’s Bench issued notice on Aadhaar-mobile linking, Mr. Venugopal said a Constitution Bench may be set up to decide, once and for all, the various Aadhaar challenges pending before the court since 2014 instead of passing any interim orders. The government however did not mention anything about its proposal last week to extend the date for the mandatory linking of Aadhaar with mobile phones, bank accounts and various welfare schemes from December 31, 2017 to March 31, 2018.

Mr. Venugopal had last week conveyed to the court the decision of the government to extend the time during an urgent mentioning in the Supreme Court by petitioners who have challenged both the validity of the Aadhaar scheme and the law passed subsequently in 2016.

The decision to set up a five-judge Bench comes despite Justice Rohinton Nariman’s separate judgment in the nine-judge Bench declaring privacy as a fundamental right.

Justice Nariman’s judgment had directed the Aadhaar petitions to be posted for hearing before the ‘original’ three-judge Bench.

This ‘original’ Bench led by Justice J. Chelameswar had referred the petitions for hearing before a five-judge Bench, which found it necessary to first decide whether privacy was a fundamental right or not before hearing the Aadhaar petitions.

Historic judgment

It had referred the legal question to a nine-judge Bench, which came out with the historic judgment in favour of the common man’s fundamental right to privacy against state intrusions.

The nine-judge Bench verdict has a crucial bearing in the Aadhaar petitions, which have argued that Aadhaar's use of biometric details like fingerprints and iris scans violate bodily and informational privacy.

The petitioners argue that mandatory requirement of Aadhaar for these schemes "constrict rights and freedoms which a citizen has long been enjoying unless and until they part with their personal biometric information to the government".

The petitions have termed the Aadhaar Act of 2016 as unconstitutional and contrary to concept of limited and accountable governance.

12276 - Supreme Court pulls up West Bengal for plea against Aadhaar-benefits linking - The Hindu

Supreme Court pulls up West Bengal for plea against Aadhaar-benefits linking

Krishnadas Rajagopal

NEW DELHI: , OCTOBER 30, 2017 11:32 IST

A view of Supreme Court in New Delhi.   | Photo Credit: SHIV KUMAR PUSHPAKAR

"Let Mamata Banerjee come and file a petition as a citizen," the court said. The court also issued a notice to Centre on the linking of mobile phone numbers with Aadhaar.

The Supreme Court on Monday pulled up the State of West Bengal for directly approaching the apex court against the Centre's move to make Aadhaar mandatory for availing the benefits of various social welfare schemes.

"How can the State of West Bengal come here directly? Let Mamata Banerjee come and file a petition as a citizen," a Bench of A.K. Sikri and Ashok Bhushan said.

ALSO READ

West Bengal moves SC against Aadhaar

The State had filed a writ petition under Article 32 of the Constitution. The specific Article can only be used by individuals to approach the Supreme Court against state actions which violate their fundamental rights. Article 32 cannot be agitated by a State against the Centre.

"How can a State challenge a law passed by the Centre? Tomorrow the Centre will come against laws by the States," Justice Sikri addressed Kapil Sibal, senior advocate for West Bengal.

The Bench expressed its annoyance, observing "let an individual come to us... Mr. Sibal, you know this... you are more mature than us".

Mr. Sibal agreed with the court's suggestion to amend the petition.

The court meanwhile issued notice on petitions filed by advocate Raghav Tankha seeking a direction to the Department of Telecom and to mobile service providers to cease from misinforming the public that Aadhaar is the sole means for identity and address proof for e-KYC procedure for mobile phone users.

A Bench led by Chief Justice of India Dipak Misra in the morning agreed to the Centre's plea to hear the government later in the day on the question whether linking of bank accounts and mobile phones with Aadhaar would be made voluntary till March 31.

ALSO READ

‘Aadhaar is a good idea, but implemented scarily’

On October 25, the Centre had proposed to the Supreme Court its intention to extend the deadline for the mandatory linking of Aadhaar with PAN, bank accounts, mobile phones and several welfare schemes to March 31, 2018 from the current December 31, 2017.

Last week, Attorney General K.K. Venugopal had mentioned before a Bench headed by Chief Justice Dipak Misra that the deadline extension from December end this year till March 31, 2018, would apply only to those who do not have Aadhaar and are willing to enroll for it.

However, Mr. Venugopal had agreed to take instructions on certain issues on Aadhaar after which the court had asked him to mention the matter again on October 30.

Meanwhile, the Centre has already informed the court about the government-appointed Expert Committtee on Data Protection Law headed by former Supreme Court judge, Justice Sri Krishna, which has started working towards a robust data protection regime as per a suggestion made by Justice D.Y. Chandrachud in his majority judgment for the nine-judge Constitution Bench which had upheld privacy as a fundamental right on August 24.

The government said the Justice Sri Krishna Committee had already, on October 16, deployed its several working groups to suggest amendments and specific comments to a draft Data Protection Bill circulated by the Ministry of Electronics and Information Technology.

The committee is also considering changes in the Aadhaar Act of 2016 and the Information Technology Act of 2000 as firm steps towards a cast-iron data protection regime.

Mr. Venugopal said a final form of the law would be available by February 2018, and hence, the proposal for a three-month extension in the Aadhaar linking deadline.