9592 - Across the Aisle-Aadhaar Bill: Ends right, means wrong by P.Chidambaram - Indian Express

Across the Aisle-Aadhaar Bill: Ends right, means wrong

In 2013, the Supreme Court, by an interim order, ruled that Aadhaar could not be made mandatory to receive benefits. In 2015, the case was referred to a larger bench to decide the question whether Aadhaar infringed the right to privacy.

Written by P Chidambaram | Updated: March 20, 2016 6:31 am

History can be told through stories. So can politics. If you wish to explain the politics of India through a story, you need go no further than the story of Aadhaar.

Aadhaar is a unique identification number that is intended to be given to all Indian residents. The idea is not novel or unprecedented. India was a latecomer to the idea of a unique identity number. I cannot but recall the fierce opposition to the idea. Ms Meenakshi Lekhi called Aadhaar “a fraud”, Mr Prakash Javadekar described it as “a game played on the poor”, and Mr Ananth Kumar said it was “something to be ashamed of”. Now, the BJP is the champion of Aadhaar and has piloted a controversial Bill through both Houses of Parliament!

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That success, however, has come at a price.

The UIDAI story

Let me tell the story from the beginning. Governments transfer money to citizens for many reasons — student scholarships, old age pensions, subsidy for LPG cylinders etc. Such transfers are plagued by the problems of diversion, duplication and falsification, and a large part of the transfers does not reach the genuine beneficiaries. How do we get over these problems?

The answer was to ‘identify’ each beneficiary by a ‘unique’ number linked to minimum biometric data. Unique number schemes were not new to the country: the income-tax department has PAN for each assessee and a credit card bears a unique number for the card holder. In 2009, the UPA government decided to introduce Aadhaar. The Unique Identification Authority of India (UIDAI) was established by an executive order and Mr Nandan Nilekani was roped in to steer the programme and the Authority.

Mr Nilekani brought his tremendous knowledge of technology and proven entrepreneurship to the UIDAI. What might have otherwise turned into another lackadaisical department of the government became a trailblazer on how to design and implement a transformational scheme. After proving the technology and running successful pilots, the UIDAI began enrolling people and issuing Aadhaar in September 2010.

Opposition to bill

In order to give the UIDAI a statutory basis, the National Identification Authority of India Bill was introduced in December 2010. It ran into trouble in the Standing Committee on Finance chaired by the formidable Mr Yashwant Sinha, a leading light of the BJP. The Bill languished in Parliament for three years.

Aadhaar faced opposition from social activists who had genuine concerns about exclusion of the un-enrolled and about privacy. 

In 2013, the Supreme Court, by an interim order, ruled that Aadhaar could not be made mandatory to receive benefits. In 2015, the case was referred to a larger bench to decide the question whether Aadhaar infringed the right to privacy.

Meanwhile, the UIDAI forged ahead with enrolment and issuing Aadhaar. By March 2014, it had issued unique numbers to 60 crore people (now 99 crore), a record unequalled anywhere in the world. Besides, 24 crore new bank accounts had been opened under the Financial Inclusion programme. A revolution was underway.

On January 1, 2013, the UPA government launched the Direct Benefit Transfer (DBT) scheme under which monetary benefits would be transferred directly to the beneficiaries through an Aadhaar-enabled platform. The scheme was rolled out with easy and simple transfers. The big push came when it was mandated that the subsidy for LPG cylinders must be credited directly to Aadhaar-seeded bank accounts.

Right view, wrong turn

Fast forward to 2016. The BJP had a change of heart on Aadhaar as on many other matters that it had trashed when it was in the Opposition. The government introduced the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Bill, 2016. In the ordinary course, the Bill ought have gone to the Standing Committee; the report of the Committee discussed; amendments, if any, made; and the Bill passed by both Houses of Parliament. The ends of the Bill would have been met.

But the Government had other plans — and other means. The Bill was introduced in the Lok Sabha as a money Bill, a reference to the Standing Committee was declined, and the Bill was passed on March 11, 2016. The Rajya Sabha was treated with disdain. Nevertheless, the Rajya Sabha made five amendments. It was late afternoon on March 16. In the evening, the Lok Sabha, sitting in the extended hours, overrode the amendments and passed the Bill in its original form, and the government claimed a legislative victory!

What was the price of the ‘victory’?

1. The Bill was not a money Bill under Article 110 of the Constitution because it did not “contain ONLY provisions” dealing with the matters enumerated in that Article. The Speaker’s decision certifying it as a money Bill was plainly wrong.

2. The Rajya Sabha was snubbed. It seems that the government depends on the strength of its numbers rather than on the strength of its arguments.

3. The government faces the risk of an adverse verdict. The law could be struck down on the grounds of violation of fundamental rights and invasion of privacy.

4. The government has incurred the wrath of social activists who feel increasingly alienated. They will carry the debate to the people and doubts and concerns will continue to be aired, casting a shadow on a transformational reform.

The ends were good, the means were bad, and the price was too high.

Website: pchidambaram.in @Pchidambaram_IN

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9421 - Little Rajya Sabha role, Aadhaar Bill to be moved as Money Bill - Economic Times

Little Rajya Sabha role, Aadhaar Bill to be moved as Money Bill

By Ravish Tiwari & Gulveen Aulakh, ET Bureau | Mar 03, 2016, 04.00 AM IST

NEW DELHI: The Aadhaar (Delivery of Benefits, Subsidies and Services) Bill, 2016 proposed by FM Arun Jaitley is all set to make the Aadhaar number mandatory for availing subsidy benefits of any government scheme, contrary to SC rulings last year that make that voluntary. 

The proposed Bill, sources revealed, have already been "seen" by the Attorney General who "has opined that the same can be introduced as a Money Bill" in Parliament where opposition dominated Rajya Sabha will have no power to force any change in the legislation. 

The proposed legislation will be moved along with a motion to withdraw the National Identification Authority of India (NIDAI), 2010 which was introduced by the previous UPA government to provide statutory backing to the UIDAI. 

The bill, proposed by Jaitely on Monday while presenting the Union Budget, is set to be introduced in Parliament shortly. 

The salient features of the proposed Bill, reviewed by ET, makes "proof of Aadhaar number and Aadhar Authentication as a condition for receipt of benefit, subsidy, etc. funded from Consolidated Fund of India" which was not the case of the UPA's legislation. 

This feature of the proposed legislation, however, appeared to run counter to the two rulings of the SC. 

"The production of an Aadhaar card will not be condition for obtaining any benefits otherwise due to a citizen," the SC had ruled in an interim order in August last year , exempting its use for public distribution system (PDS) and LPG distribution. 

The Court reiterated its stance again in October 2015 when central government sought concession for voluntary usage of Aadhaar in other government programmes pending a final verdict on Aadhaar. 

"We will also make it clear than the Aadhaar card scheme is purely voluntary and it cannot be made mandatory till the matter is finally decided by this Court one way or the other," SC had ordered in October last year while allowing the government to allow use of Aadhar in schemes like MGNREGA, EPFO, PM's Jan Dhan Yojana and National Social Assistance Programme. 

While the standing committee of Finance headed by BJP leader and former FM Yashwant Sinha had trashed the UIDAI's enrolment process as something that "may have far reaching consequences for national security", the proposed Bill by BJP government seeks to abide by the decision to grant Aadhaar to every "resident". 

The BJP, in fact, had also objected, saying that granting Aadhaar to "residents" may allow illegal Bangladeshis to avail it and later misuse for their purposes. 

However, the salient features suggest that the definition of resident has been "modified" to include "a person who is resident in India within the meaning of section 6(1) of the Income-Tax Act". But, it did not indicate how it will address BJP's earlier concern regarding its usage by illegal immigrants residing in the country for long. 

The proposed legislation, in a significant measure, seeks to protect the electronic information collected by the UIDAI from misuse as it seeks to specify that biometric information shall be "specifically deemed to be sensitive personal information as per IT Act". It will also define the "core biometric information" and will insist "prohibition on the sharing of core biometric information". 

The Bill proposed by Jaitley, in fact, will provide statutory backing to the UIDAI as it provides for establishment of the Unique Identification Authroity of India consisting of "a Chairperson (part time or full tine) and two Members (part time)" which was also envisaged in the UPA's Bill. 

On the lines of UPA's bill, the proposed bill envisages an Oversight Committee to monitor disclosure of Information under the Act.

9051 - Indian govt supports wider Aadhaar card use - Planet Biometrics

Indian govt supports wider Aadhaar card use 

09 November 2015 15:14 GMT

India’s central government has said it is open to giving a biometrics-backed unique ID card legal support for wider use after the Supreme Court limited its remit over privacy fears.

The government on Friday did not rule out the possibility of bringing in a legislation to give legal sanctity to Aadhaar cards, reported the Business Standard.

In August, the court limited the card’s potential uses after petitioners alleged there would be a breach of  privacy if the Aadhaar card is made mandatory in various government schemes.

The court restricted the use of the card only for availing subsidies under the public distribution system and purchasing kerosene and cooking gas, whereas the Nanedra Modi government has envbisioned its use in wide-ranging banking, taxation, electoral and welfare services.

The world’s largest biometric identity scheme, Aadhaar uses iris, fingerprint and facial data linked to unique ID numbers, and plans to include all 1.2 billion in India’s population.

In concluding remarks in Delhi Economics Conclave, Finance Minister Arun Jaitley said,  “…probably the government would try to place its stand before the court, and I think both options  of being in court and before the legislature  would always be open for  any executive government.”

“Aadhaar and JAM Trinity are here to say,” the finance minister added.

JAM refers to use of Pradhan Mantri  Jan Dhan Yojana, Aadhar and transfers through mobile. Jaitley said a draft legislation on the issue is already there. He was referring to the National Identification Authority of India Bill. 

Jaitley said there  was a consensus  on the need of Aadhaar card across political spectrum.  “I think, now across the political spectrum, state governments after state governments, political groups  after political groups, the need for this and utility for this  has been  universally recognised,” he said.

- See more at: http://www.planetbiometrics.com/article-details/i/3747/desc/indian-govt-supports-wider-aadhaar-card-use/#sthash.VSyb79zu.dpuf

9039 - UPA's Aadhaar architect Nilekani stars in NDA event - TNN

UPA's Aadhaar architect Nilekani stars in NDA event

TNN | Nov 7, 2015, 05.03AM IST

NEW DELHI: Aadhaar architect Nandan Nilekani was a star speaker at a conference organized by the finance ministry where he complimented the government for putting its weight behind the Jan Dhan-Aadhaar-Mobile programme. Nilekani appreciated the Central government for continuing the Jan Dhan-Aadhaar-Mobile programme.

"I haven't been to Vigyan Bhawan for a long time," Nilekani said in his opening remarks as he unveiled the transformation that technology will usher in the days ahead in terms of delivery of public services. Nilekani, a former chairman of the Unique Identification Authority of India (UIDAI), which ushered in Aadhaar during UPA-II, said the government should push the legislation in Parliament. 

"I think if the government can take up the matter in Parliament and get it done, it will put a lot of things behind us. We can do a lot of things now but the law would help us to really settle once and for all," said Nilekani, while commenting on how the government could overcome legal hurdles in the way of Aadhaar. 

The National Identification Authority of India (NIDAI) Bill is pending before Parliament. It has provisions about who can access the Central Identity Data Repository, which will be maintained and protected by the UIDAI.

Oil minister Dharmendra Pradhan said, "We owned Aadhaar. We did not reject it. We are told we are a government of intolerants. We have not been intolerant to good work. If somebody has done good work we have continued with it." Nilekani, a co-founder of Infosys, said the country was at a critical juncture and technological revolution was waiting to happen but advised caution against allowing multinational companies in the area of authentication, KYC, lockers, mobile to mobile payments. 

"All this is a public good. This is not owned by companies. In the US all these things are owned by companies," he said. 

"I am not suggesting protectionism. You got the risk of becoming digital colonies. This is nothing but the British East India company back 200 or 300 years later because Silicon Valley will colonise you if you are not careful. Let me tell you I know this game," Nilekani said to a round of applause while reacting to Chief Economic Advisor Arvind Subramanian's comments that Nilekani was one of the few guys who can make protectionism "look sexy." 

8721 - Aadhaar not mandatory, but people being harassed - Sunday Guardian

Aadhaar not mandatory, but people being harassed

In 2013, the Supreme Court had maintained that no person should be prevented from availing services for not possessing the non-mandatory Aadhaar card.

NAVTAN KUMAR  New Delhi | 19Th Sep 2015

adhaar cards are turning out to be a big harassment for people as they are being asked to get them to avail different services. This is happening despite the Supreme Court maintaining for the past two years that an Aadhaar card is not mandatory. Complaints are pouring in from different quarters about the hardships people are facing in availing services like banking and getting LPG cylinders in the absence of Aadhaar cards as they are being sought for almost every official work. In March this year, the Delhi government issued a notification insisting that couples require Aadhaar cards to get their marriages registered under the Special Marriage Act. What has made matters worse is that Aadhaar cards are being demanded even for the registration of newborn babies. As if that is not enough, many schools have started asking their students to get themselves registered for Aadhaar cards. Kendriya Vidyalaya had asked its students to get their Aadhaar numbers registered with the bank which collects the fees. "I got a circular from the school saying that the students need to fill up forms for Aadhaar card registration. I found this quite absurd. I checked with the school and I was told that it was being done under the instructions of the UP government," said Anil Sharma, whose child studies in a CBSE-affiliated Ghaziabad-based school. According to Nalin Srivastava, a resident of Dwarka, he recently got an SMS from his LPG distributor asking him to submit his Aadhaar number with the LPG ID and his bank account if he wanted to avail the subsidy. "I cannot understand what this fuss is all about. Why should I get an Aadhar card if it is not mandatory?" wondered Srivastava. Such complaints are pouring in from different quarters. For those who are willing to get their Aadhar cards made, there is another problem. "I don't know how to get it done. There are special camps for Aadhaar registration. Once I went to a camp, but since there was a long queue, I had to return. Now I have no idea," said Ankur Verma, a resident of Noida. The Supreme Court had asked the government last month to publicise widely the fact that Aadhaar was optional and not mandatory for the citizens. The apex court had also directed the government that an Aadhaar card would not be used for any other purpose other than the public distribution scheme. This was not the first time the Supreme Court had clarified on the issue. Earlier this year, the apex court said that officials found insisting on Aadhaar cards would be taken to task. The sorry state of affairs regarding the ambitious Aadhaar card scheme is rooted in the previous UPA government's apathy to give statutory status to the Unique Identification Authority of India (UIDAI). It also did not pay heed to the recommendations of the Parliamentary Standing Committee on Finance, which had raised serious questions over the functioning of UIDAI and also concerns expressed by its own Finance and Home Ministries. The need for conferring statutory authority to the UIDAI was felt by the government in November 2008. However, it was deferred for over two years. The Ministry of Planning had informed the committee that all crucial matters impinging on security and confidentiality of information will be covered by relevant laws until the time Parliament passes the National Identification Authority of India (NIDAI) Bill. The Bill, which has been pending in Parliament since 2010, has not been cleared. In 2013, the Supreme Court had directed that no person should suffer for not getting the card, though some authorities had issued a circular making it mandatory. About 750 million Aadhaar numbers have been generated and about Rs 8,000 crore spent to make these cards, that too without Parliament's sanction.

4894 - Passage of Aadhaar bill a tough task amid opposition - DNA India

Passage of Aadhaar bill a tough task amid opposition

Tuesday, Oct 22, 2013, 7:14 IST | Place: New Delhi | Agency: DNA

Manan Kumar  

In a hurry to give Aadhaar card the much needed legal status, the government is likely to push through the National Identification Authority of India (NIDAI) Bill, 2013 in the coming winter session of the parliament.

Highly placed sources told dna that the government is unlikely to refer the new bill that incorporates several changes and is markedly different from the NIDAI Bill, 2010, back to the parliamentary standing committee.

Though there is no legal bar, according to convention a legislation that has been sent to the parliamentary standing committee once should be sent to the committee again if it has been drafted afresh and contains several changes.

“They often do it. Recently they did with the SEBI ordinance. We objected to it during the monsoon session. In the fitness of things, they should send a new bill back to the standing committee. The BJP will insist that they do so in case of National Identification Authority of India (NIDAI) Bill. We will not let them steamroll this ill-conceived legislation,” Yashwant Sinha told dna.

Trying to give the much-needed legality to the Aadhaar card that got eroded after the Supreme Court stripped off its special status by observing that it cannot be made mandatory for government schemes, the Union cabinet on October 8 cleared the National Identification Authority of India Bill.

Sources said the new draft of the Bill, that was trashed by the Yashwant Sinha headed parliamentary standing committee, has incorporated only a few of its recommendations. The bill, pegging the total cost of the project at Rs12,400 crore, also defines powers of the UIDAI and seeks to protect the privacy of individuals.

The Congress-led UPA government is keen to get all the central subsidy schemes linked to the Aadhaar card to make its key campaign Aapka Paisa Apke Haath, (direct benefit transfer schemes from scholarships, pensions to cooking gas subsidy), a success before the run up to the 2014 elections.

While the government was trying to achieve it by going into an enrollment overdrive with the help of Nandan Nilekani-led Unique Identification Authority of India (UIDAI) and roping in the office of the Registrar General of India, the Apex Court’s order halted it in its steps.

The Bill, in all likelihood, (unless the government decides to go with an ordinance) will now be tabled in the winter session of the parliament to give statutory status to both the UIDAI and Aadhaar. But getting it cleared in the parliament may be a cake walk for the government as political parties would not want the Congress to take away the credit for benefitting crores of people just before Lok Sabha elections.

BJP is almost confident that it would be stalled in the Rajya Sabha, if not Lok Sabha.