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Aadhaar is a giant electronic mess, a serious threat, leads to a police state structure: Sr Advocate Divan to SC

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Aadhaar is a giant electronic mess, a serious threat, leads to a police state structure: Sr Advocate Divan to SC

Senior Advocate Shyam Divan on Wednesday (January 17) made a passionate plea to a Supreme Court constitution bench on why he thinks Aadhaar is not the best thing to have happened to India; in fact it is possibly a serious threat. He termed the entire Aadhaar programme a “giant electronic mess”.

In a speech that carried through most of the day (both before and after lunch), Divan told the bench of Chief Justice Dipak Misra and Justices A M Khanwilkar, Adarsh Kumar Sikri, D Y Chandrachud and Ashok Bhushan that Aadhaar has the potential to rob a person of his rights.

Divan was arguing on a petition by S G Vombatkere & Anr (vs Union of India & Ors. Respondents).

Before Divan, P Chidambaram had mentioned before the Chief Justice that Aadhaar had been passed as a money bill and he wanted to argue only on this aspect.

11.47 am: Divan started by saying: “There are so many regulations and notifications in this case. We have to consider them. There are so many circulars and notifications that have no connection with the main matter, but we have to look into them.”

11.51 am: The bench asked: “Are you going to challenge the Aadhaar programme first?”

Divan replied: “We have to make it clear what the purpose of the Aadhaar project is. This project came in 2009. We have to see if it constitutional or not. This project is a continuously growing project.

“We are challenging this project because of the collusion of a policy and technology. It is a giant electronic mess.”

12.00 pm: Divan also used the Kesavanand Bharti case to strengthen his case.

He said: “This project can track all the citizens and their activities. Firstly it was voluntary. The state issues a number which can be accessed by the government for tracking citizens and the state is empowered to switch it off.”

12.02 pm: He continued: “The constitution makes a balance between laws and life of citizens but the Aadhaar creates a mess between all this. Even banking is also connected, so the government can track our money expenditure and all.”

Then he listed some points such as:

– Tracking of banking and expenditure.

– Right to privacy.

– Identification of personal things like iris and fingerprints.

– Whether the Aadhaar database is secure or not for national security.

12.03 pm: Another writ petition was filed and tagged with the Aadhaar matter which refers issue of population census.

Divan continued: “Linking of Aadhaar with mobile services is also there which (the deadline) is extended till March 31.

“The iris and fingerprints are my personal identity and no one has the right to take it from me forcefully.

“On July 2, 2009 the chairman was appointed. The statute was not there at that time.”

12.08 pm: He also talked about the loopholes: “Fake Aadhaar numbers have also been generated. Several PILs were filed before the Supreme Court and this matter was transferred before constitutional bench.

“Adhaar is also used for LPG connections. The Jandhan Yojna is also linked with Aadhaar.”

12.09 pm: He pointed out that Aadhaar is voluntary so long as there was no judgment on it.

He said: “The E-KYC also came with linkage of Aadhaar. Re-verification has also come with all the existing mobile users for restricting money laundering.”

12.18 pm: There was more. He said: “S 139AA of the Income Tax Act is also connected with Aadhaar, so your bank accounts are connected, policies are connected mobiles are connected everything is connected with this.

“So the court passed an order saying linking Aadhaar with PAN is not mandatory. Even then the government said you cannot file your IT Returns without Aadhaar and PAN. Then the court saved the people from this.

“There are a large number of people who work on the field. Their rations are directly linked with Aadhaar. People are facing so much difficulty.”

12.21 pm: There were more issues, in the very collection process of the data itself, he pointed out. He said: “The biometrics are not being registered for a large number of people. And from age 15 to 18 the biometrics of a human being change. So how can it be possible to make it mandatory for those people?”

He also argued about linking Aadhaar with ration cards. He argued how someone living in a remote place can afford to get his or her ration if his or her ration card is yet to be linked to Aadhaar. That has been a long-standing issue that the government has refused to recognise. People have died because they have not been able to go to the fair price shop and give their finger prints, or could not because technical malfunctions.

12.40 pm: At this point Divan mentioned that there were Padmashree Award winners members of the national human rights committee among the petitioners. He also pointed out that there are some petitioners who worked with the group of people for national security.

12.50 pm: He continued: “They capture the fingerprints, facial and iris of individuals. These particular items are stored in the database.” He then pointed out the fallacy in this. “There are so many things which creates a bar while using these things, such as moisture, dust, tears in the eyes etc. in such cases you may be rejected. So the constitutional issue is, if I enjoy a right, where is the question of matching this?”

The hearings continued after lunch with Divan still speaking.

2.48 pm: He said: “Biometric is sensitive to everyone, like palm prints, voice etc. When you’re picking such sensitive information there should be a minimum governance. Biometrics is covered under no legislation. If we further go into the case, there is no governmental control over such gathering of sensitive information.

“Making Aadhaar mandatory at banks, work place etc. makes an individual vulnerable to surveillance. Aadhaar makes an individual tradable at all times. This is infringing his fundamental right. Electronic trail would be left with the Central government about information regarding the whereabouts of an individual. This would lead to aggregation of power. It leads to a police state structure. Is it even permissible to have such an architecture? It will soon become a surveillance society, the pace at which it is going on currently. Government, by transgression, is becoming dominating.”

3.01 pm: Then he hit at the heart of the matter: “Now we have a fundamental right to privacy, everything that happened between 2009 and 2016 should be nullified.

3.16 pm: The respondent (the government) in its  affidavit has submitted that Aadhaar gives people with no documentation an identity. About this Divan said: “Only 2,19,000 people registered in that particular category where Aadhaar was their first identity card.

3.43 pm: “Registrations were denied on technical grounds where biometrics of the people applying at a later stage were closely similar to people already registered. It is contended that such problems will grow as the number of registrations will create an anomalous situation.”

4pm: P Chidambaram came in with his arguments on the specific issue (the money bill) he wanted to talk about. He said: “Irregularity and illegality are two different things. If the Speaker certifies that a bill is a money bill then the Rajya Sabha becomes helpless.”

At that one of the counsels of the petitioner submitted: “No court should object if the speaker certifies, according to Parliament Act (UK) 1911.”

At that point the court was adjourned to Thursday.

India News

MK Stalin announces major DMK organisational Changes in Tamil Nadu

MK Stalin has announced a major DMK organisational overhaul, introducing age and term limits and expanding party districts from 77 to 110.

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DMK chief MK Stalin has announced a major overhaul of the party’s organisational structure, months after the party lost the Tamil Nadu assembly election.

Acknowledging the defeat, Stalin said the party must openly recognise its mistakes. He also pointed to the functioning of party office-bearers as one of the factors behind the electoral loss.

“Although there are several reasons for our defeat, the functioning of our party office-bearers is also one of them,” Stalin said, stressing that the party must acknowledge its shortcomings and ensure better performance at every level.

Stalin also described the DMK as a “specialist” in making comebacks and said the party would return stronger.

Age and term limits for party posts

Among the major changes announced by Stalin are age and tenure limits for party positions.

Stalin said the changes would involve a significant restructuring of the DMK’s administrative system, with priority being given to new faces. He said the measures were intended to make the party sustainable for the next 100 years and help restore the trust of young people and women.

Under the new rules, branch secretaries must be aged 45 or below and can hold the position for a maximum of two terms.

District secretaries, meanwhile, must be below 70 years of age and can serve for a maximum of three terms.

DMK to increase party districts from 77 to 110

The DMK executive committee has approved increasing the number of party districts from 77 to 110.

The expansion will be implemented as part of the party’s 16th organisational elections. Revenue districts will generally be reorganised so that each party district covers two assembly constituencies.

Where only one constituency remains after the reorganisation, it will be attached to another suitable party district within the same revenue district as a third constituency.

Stalin has been authorised to determine and announce the constituencies that will form the 110 party districts.

New branch structure planned in urban areas

The DMK will also introduce a new branch-level structure in urban areas, along with the post of branch secretary.

The new system will initially be implemented in Chennai, Coimbatore, Madurai, Tiruchirappalli and Salem. It may subsequently be extended to other corporations.

Once the new party districts are announced, district executive committees will have to meet and establish the union, city, area, town, ward and branch-level units within 15 days.

The organisational changes come as the DMK seeks to restructure its party machinery and prepare for its political comeback following its assembly election defeat.

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PM Modi says India’s political stability makes India a bright spot for growth

PM Modi said India’s political stability and policy continuity are helping make the country a bright spot of growth amid global concerns.

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Narendra Modi 12345

Prime Minister Narendra Modi on Friday said India has political stability and continuity in its policies, describing the country as a bright spot of growth and hope amid global concerns over economic growth.

Addressing the Economic Times World Leaders Forum, PM Modi said India is continuing to push reforms across sectors to maintain its growth momentum. He said reforms remain a key commitment of his government.

The Prime Minister said the NDA government has a clear roadmap for reforms, with a strong focus on governance. He also said the government is using incentives to encourage higher production.

PM Modi highlights shift in regulatory approach

PM Modi said his government is changing the country’s regulatory framework and moving away from what he described as a “prohibited-unless-permitted” approach.

He said the government believes there should be no regulation for an activity that has not been explicitly prohibited under law. According to him, the aim is to bring next-generation reforms at the policy and governance levels while improving ease of living.

He also contrasted the current Production Linked Incentive (PLI) model with what he described as a “Production Linked Punishment” approach followed by previous governments.

Focus on infrastructure and manufacturing

PM Modi cited changes in areas including the Indian Railways, Delhi Metro and Namo Rapid Rail as examples of reforms reflecting India’s changing needs.

He also said the government has changed the approach towards border infrastructure, which he described as a strength rather than a weakness.

The Prime Minister further highlighted India’s affordable data services and domestic mobile-phone manufacturing while discussing the country’s economic transformation.

India seen as a growth bright spot

PM Modi said the world is facing several concerns related to growth, including the weaponisation of resources, but India is being viewed as a bright spot of growth.

He said India’s political stability, policy continuity and reform efforts are helping sustain the country’s growth momentum.

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Jharkhand students, JMM workers clash over Hemant Soren effigy burning

Clashes broke out in Ranchi, Hazaribag and Giridih as protesting students attempted to burn effigies of Hemant Soren and Rahul Gandhi.

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Clashes broke out between protesting students and police in Ranchi and several other parts of Jharkhand on Friday evening as students attempted to burn effigies of Chief Minister Hemant Soren and Congress leader Rahul Gandhi, officials said.

Similar incidents were reported in Hazaribag and Giridih, where workers of the ruling Jharkhand Mukti Morcha (JMM) clashed with students who were trying to burn effigies of Soren.

The protesting students are affiliated with the JPSC-JSSC Reforms Manch. They have accused the Jharkhand government of deceiving and betraying job aspirants following the High Court’s intervention in cases concerning recruitment examinations and appointments.

In Ranchi, a large number of students gathered at Albert Chowk to burn the effigies. Police said a scuffle broke out when they tried to control the situation.

Ranchi DSP KV Raman said the protesters changed the designated route of their march and went towards the JPSC office, where traffic was brought to a halt.

According to Raman, police repeatedly asked the protesters to follow the designated route for the march and effigy burning, but the students did not comply.

Student leaders, however, alleged that police and JMM workers attempted to prevent them from holding a peaceful march.

“They cannot stop us from holding peaceful and democratic protests,” JPSC-JSSC Reforms Manch leader Ravindra Paswan said.

Another student leader, Piyush Kumar Singh, alleged that a core committee member of the Manch, Kunal, was detained by police. He claimed that Kunal fainted and was subsequently taken to Sadar Hospital.

The protesters also alleged that female participants were assaulted by JMM workers during the scuffle.

Why are Jharkhand students protesting?

The students had earlier called off their agitation after the Hemant Soren government decided to cancel JPSC examinations where irregularities had been alleged.

However, the Jharkhand High Court subsequently intervened in several matters related to the recruitment process.

On Friday, the court stayed notifications cancelling the appointments of Child Development Project Officers (CDPOs) and those recruited through the JSSC-CGL examination.

A day earlier, the court had stayed notifications cancelling the 11th and 13th JPSC examinations. It had also stayed the order cancelling the appointments of food safety officers.

The developments have renewed the students’ concerns over the government’s handling of recruitment-related cases.

JLKM announces recruitment reforms yatra

Meanwhile, JLKM leader Devendra Nath Mahto announced that his party would launch a ‘Recruitment System Reforms Yatra’ from August 24.

Mahto alleged that the Jharkhand government was not strongly defending cases concerning the cancellation of several recruitment examinations before the High Court.

He warned that if the government failed to effectively present its case before the Jharkhand High Court on September 15, when the matters are scheduled for hearing, they would plan to gherao the Chief Minister’s residence.

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