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Breaking: Aadhaar Project Wholly Unconstitutional-Landmark Dissent By Justice Chandrachud [Read Judgment]

Constitutional guarantees cannot be compromised by vicissitudes of technology”, he observed.

In an emphatic dissent from the majority, Justice Chandrachud has held the entire Aadhar project to be unconstitutional.

The very act of passing the Aadhaar Act 2016 as a money bill was held to be unconstitutional by Justice Chandrachud, dissenting from the majority view expressed through Justice Sikri’s judgment that there was no impropriety in introducing it as  money bill.

“The passing Aadhaar Act as money bill is a fraud on the constitution”, Justice Chandrachud observed. The decision of Speaker to classify a bill as money bill is amenable to judicial review. The judgment also highlighted the importance of Rajya Sabha in passing laws.

“If a constitution has to survive political aggrandizement, notions of power and authority must give compliance to rule of law.”, he observed in his dissenting judgment.

Foreign Company Has Source Code of Aadhaar Project; It Has Access To Citizens’ Information : Certain Worrying Findings By Justice Chandrachud

Violates informational privacy, data protection; There is potential for surveillance.

The Aadhaar project was held to be violative of informational privacy, data protection.

“Constitutional guarantees cannot be compromised by vicissitudes of technology”, he observed.

Section 57 of the Act was held to be violating Articles 14 and 21 of the Constitution. Allowing private enterprise to use Aadhaar numbers will lead to the exploitation of data.

Holding that Aadhaar had the potential for surveillance, it was stated that the architecture posed risk on the potential violation of leakage of the database. The source code is of a foreign corporation. “The data must all the time vest with the individual”, said the judgment. It was held that many provisions of Aadhaar Act provide for invasive collection of biometric data.

It was held that entire Aadhar project which commenced from 2009 suffered from constitutional invalidity.  It was also noted that the government repeatedly violated the interim orders of the Supreme Court, which had prohibited making Aadhar mandatory for availing benefits.

Based on the premise of unconstitutionality of Aadhar, Seciton 139AA of the Income Tax Act which mandated linking of PAN with Aaadhar, was struck down. It may be noted that the majority decision has upheld Section 139AA.

Mobile and bank accounts cannot be forcefully linked with Aadhar. The telecom companies were directed to delete Aadhar numbers forthwith.It was also directed that entire Aadhar data shall be destroyed.

Read the Judgment Here

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  • R Joseph says:

    This whole Aadhaar case is getting increasingly convoluted. Firstly the case should never have been escalated to such a level, which to most people was initiated by the Government to serve business interests and for surveillance, and can never co-exist with the right to privacy. The majority judgement does not address data protection adequately and has accepted all the Government’s claims at face value. The minority judgement of Justice Chandrachud makes more sense.

  • Avijit bhattacharya says:

    I welcome and appreciate the judgment of honourable supreme Court in aadhaar case. I myself feel that aadhaar is tool of political parties to surveillance upon comman man & utilize their all details for their vote bank politics. It may be any political party bjp or Congress or bla bla bla.
    Aadhaar has nothing to do with help for poor or needy as self bosted pm always said that linking aadhaar will give direct benefit , current example is of huge food scam in uttar Pradesh by corrupt officials through aadhar linked ration cards.

  • Ashok K Chatta says:

    Don’t know why negative things are glorified by the news channels, instead of appreciating 4/1 dession the channel had appreciated the desion of desinding judge as if their views means nothing, I think it is cotempt of court,and should be penalized as per law

  • Irtiza baba says:

    I agreed with the point of justice chandrachud( sir ).

  • Pratap says:

    Why do persons NOT availing Govt. Subsidies require Adhaar?
    Why do honest tax payers who already have had and have a PAN need to get an Adhaar and link it with the existing PAN?
    Doesn’t make any good sense.

  • apattat says:

    I don’t know why the highlighting the only dissenting judgment is going to achieve. The head lines scream as if it is the major verdict.

  • AMBIKA PRASAD MISHRA says:

    Entire Aadhar project in unconstitutional and Aadhar money bill is fraud on constitution, declares SC Justice Chandrachud. Is it not shocking to see such wide variance between sagacity of this Judge and other four judges?
    Imagine tje situation when Judgement is passed by a single bench judge. We can’t rest assured that judgement passed by the SC judge is outcome of justice. But one has to bear with it. That’s how our judicial system functions.

  • T Singh says:

    The nation owes a great debt of gratitude to J Chandrachud for his landmark dissenting
    judgment on Aadhaar. He has upheld the Constitutional values of integrity, individual dignity,
    privacy and the sanctity of individual rights against the State. No matter that it does not give relief to those who stressed these values in the Court since he is not part of a majority but at
    least his words serve as a beacon for all who would choose the minority right against a majority wrong. Even Aadhaar claimed to be right because it was adopted by the majority!
    What about basic questions arising out of J Sikri s judgment? Why is it considered that
    Aadhaar empowered the poor and marginalised and not the Electoral ID ? Surely biometrics
    cannot add to empowerment? If the database cannot be retained beyond 6 months will PAN IT link be sustainable beyond 6 months? Does it make sense that Bank account need not be linked to Aadhaar but PAN has to be linked? If a child can exit Aadhaar on attaining majority, why not the same freedom to an adult ? God save India from arbitrariness!

  • SANJIWAN KUMAR says:

    There is no common denominator in India. Actually, people do not want transparency because their vested interests get properly served in this environment of opaqueness. So, they are finding excuses to stall the process. Opaqueness is a breeding ground for tax evasion and unethical practices. People are happy with multiple PAN cards, fake driving licenses, benami properties, hundreds of bank accounts, and what not. When our economy thrives on tax evasion only, hue and cry is natural.

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