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Aadhaar Linkages case: Sibal points out the many ways data can be compromised

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The hearings on Aadhaar and its various linkages and privacy and security issued attached to them continued before the Supreme Court constitution bench of Chief Justice Dipak Misra and Justices A K Sikri, A M Khanwilkar, D Y Chandrachud and Ashok Bhushan on Wednesday (February 7).

The following deliberations took place:

11:34am: Senior advocate Kapil Sibal continued his submissions. He talked about identity information which requires authentication as per section 2(c) of the Aadhaar Act. This means Aadhaar number along with biometric or demographic information. He argued that this part has been wrongly drafted. It means that only

these two pieces of data can be submitted for the purposes of authentication.

He said that while photograph is included in biometric, it has been excluded in code biometric. He said that no alternative information can be given. Aadhaar Act is only for Aadhaar information and nothing else, Sibal said.

“Hence, for every Aadhaar card, the individual’s photograph will also be present,” he said. “There is a definition of identity information in the Act itself.”

At that Justice Ashok Bhushan pointed out:  “The alternatives are for double-checking.”

Sobal said: “It’s a legal argument and not political argument that you’re reducing me to one identity. Section 2(m) is not inclusive, it is exhaustive as pointed out by justice Chandrachud.”

Justice Sikri said: “If I don’t have the Aadhaar number, I still exist…” to which Sibal agrees, saying “we are more than just an Aadhaar number.”

Sibal says: “Section 8(3)(c) proposes that only three methods of identity information should be available. Secondly, there is no centralised database. Regulation 4 refers to modes of information. It gives you an idea what of authentication is. There is no other mode. Regulation 5 has to be read with 8(3)(c).”

He said: “If you have your authentication on your smart cards, your biometrics cannot go anywhere, hence no one can steal anything. That’s what most jurisdictions do, especially in the UK.”

Justice Bhushan said: “That regulation 5 has an overriding affect.”

Ibal said: “The act says that the number qualifies for the identity information. That means I can establish my identity via Aadhaar. Once I establish my identity information with the help of Aadhaar, no one can question me.”

“Read the Act in consonance with the provisions of the constitution,” says Sibal.

“If we accept your submissions, the constitutional validity of this becomes substantive,” says justice Chandrachud. “Under this statute, you have to collect information, which is not a state activity. Use of Aadhaar number to establish identity by the state or a body corporate under the law… that answers all of the ‘who’ and ‘how’ questions.”

Sibal says: “It must be assured that my property is protected. It is licensed out to agencies, etc. Now, because it is my property, i.e. my information, hence it must be protected and I must be assured that it is done.

“In a digital world my property cannot be retrieved, unlike in the physical world. If I have lost my property, in the physical world, it can be retrieved. If not, compensation would be provided. In the digital world, nothing can be protected. We’re not dealing with the physical world,” submitted Sibal.

“The digital world will know more about you than you would know; that’s where the world is heading towards,” he said. “In the USA, it is said that the digital world is like a Jurassic Park.”

“Data can arguably be divided into two types, Meta data and messages. Aadhaar is linked to every journey. Meta data is the information minus the messages. You’re making me vulnerable,” said Sibal.

“Unnecessary information is being stored because of Aadhaar and the vulnerability is the violation of my rights. The point is, an individual’s data who is not a criminal, should not be in the public domain.”

Justice Sikri gave a counter situation where a member of a particular airline travels even the airline retains the data about your traveling trend. What is so different about Aadhaar being linked to your railway ticket?”

Sibal continued: “CDR becomes a single target for cyber criminals for external and internal attacks according to an RBI report. A recent RBI report has explained that CDR has been targeted. According to this, because of Aadhaar there is a readily available platform for cyber criminals. It’s a staff paper/report. We need to have safeguards.”

“There’s a need for care. It does not straightaway talk about vulnerability,” Justice Chandrachud commented. “Every centralised depository can be hacked and using Fevicol and wax, by making a mould, anyone without even any technical knowledge can derive your fingerprint.”

At that Sibal said: “Once the national based information is compromised, we cannot do anything. Any criminal can take a defence that my fingerprints were stolen during every criminal trial,” Sibal said.

“By creating a 3D image of a fingerprint, once infringed through using a fingerprint app as in Android phones, the infringer can use it anywhere he wants, Sibal said.

“Airtel was benefitted by using latest Aadhaar, where new bank accounts were opened and the bonus/benefits the people earned were transferred into that Airtel bank. Hence, Aadhaar wouldn’t be a reliable source of information for the benefits to them,” Sibal said.

“And most benefits are received by aged people. Biometrics of children and the aged cannot be relied upon, as they don’t come to be very accurate. Further, it’s not reliable in cases of disabled people. The statute contemplates breaches.”

12.47 pm: “It will encourage bribery as big corporate competitors will pay money to get information, Sibal said. “The larger the data base, greater the chance of rejection of Aadhaar enrolment.

1.03pm: Adhaar matter adjourned to February 8.

– India Legal Bureau

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India News

India and Russia vow to walk together against terrorism, reaffirm strategic partnership

PM Modi and President Putin reaffirm India-Russia unity against terrorism, deepen energy and trade cooperation, and discuss peace efforts amid the Ukraine conflict.

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Prime Minister Narendra Modi and Russian President Vladimir Putin on Friday underlined that India and Russia “walk together in the fight against terrorism,” reinforcing a decades-old strategic partnership that remains steady amid global geopolitical churn. The leaders issued the joint statement following talks at Hyderabad House in Delhi, where they also announced steps to boost trade, economic cooperation, and energy collaboration.

India-Russia stand firm on counter-terror cooperation

PM Modi described President Putin as a “dear friend” and highlighted Moscow’s consistent support to India on counter-terror efforts. Russia had earlier strongly condemned the terror attack in Jammu and Kashmir’s Pahalgam, allegedly linked to Pakistan-based Jaish-e-Mohammed, and reiterated solidarity with India’s fight against terrorism in all forms.

The joint remarks emphasized that the bilateral friendship, rooted in trust and mutual respect, has remained resilient for decades despite global challenges.

Focus on energy, trade and use of national currencies

A key highlight of the engagement was Russia reaffirming “uninterrupted shipments” of fuel to India. PM Modi expressed gratitude for Russia’s commitment, noting energy cooperation as a crucial pillar of the relationship. While he did not specifically mention oil purchases, given ongoing Western pressure, he emphasised cooperation in civil nuclear and clean energy.

The two countries also discussed expanding economic ties, including a possible free trade agreement. President Putin said bilateral trade was being targeted to reach USD 100 billion, and acknowledged progress toward using national currencies for payments — a remark expected to draw global attention.

Putin shares peace plan insights on Ukraine conflict

Putin briefed the Prime Minister on Russia’s perspective for a peaceful resolution to the ongoing Ukraine war and appreciated India’s continued role as a “champion of peace.” PM Modi reiterated India’s consistent position on dialogue and diplomacy.

Agreements across jobs, health, shipping and minerals

Officials exchanged multiple agreements covering employment mobility, health, shipping, chemicals and cooperation in critical minerals — further broadening the strategic footprint of the partnership.

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India News

RBI cuts repo rate to 5.25%, paving the way for cheaper loans

The RBI has cut the repo rate to 5.25%, aiming to support growth as inflation softens. The central bank also raised GDP projections and announced liquidity-boosting measures.

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Reserve Bank of India

The Reserve Bank of India (RBI) reduced the key repo rate by 25 basis points to 5.25% on Thursday, signalling relief for borrowers as banks are expected to offer lower EMIs on home and vehicle loans. Governor Sanjay Malhotra announced the move after the conclusion of the three-day Monetary Policy Committee (MPC) meeting.

RBI prioritises growth as inflation eases

Malhotra said the decision was unanimous, with the central bank choosing to focus on supporting economic momentum despite concerns over a weak rupee. The repo rate was earlier cut in June from 6% to 5.5% amid easing inflation trends.

The RBI now projects Consumer Price Index (CPI) inflation at 2% for FY2025-26, significantly softer than earlier estimates. For the first quarter of FY2026-27, inflation is expected at 3.9%, lower than the previous projection. The governor noted that rising precious metal prices may contribute to the headline CPI, but overall risks to inflation remain balanced.

GDP outlook strengthened

In a strong upward revision, the central bank increased the GDP forecast for the current financial year to 7.3%, previously estimated at 6.8%. Growth for the October–December quarter has also been revised to 6.7%.

The last quarter registered a six-quarter high expansion of 8.2%, reflecting resilient demand and steady credit flow.

“The growth-inflation balance continues to offer policy space,” Malhotra said, reiterating that the RBI’s stance remains neutral.

Other key decisions

Alongside the repo rate cut, the RBI announced adjustments to key policy corridors:

  • Standing Deposit Facility (SDF): 5%
  • Marginal Standing Facility (MSF): 5.5%

To improve liquidity and strengthen monetary transmission, the RBI will conduct forex swaps and purchase ₹1 lakh crore worth of government bonds through Open Market Operations (OMO).

RBI reviews a challenging year

Reflecting on 2025, Malhotra said the year delivered strong growth and moderate inflation even as global trade and geopolitical uncertainties persisted. He added that bank credit and retail lending remained healthy, providing support to the economy.

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India News

IndiGo flight chaos deepens as over 500 services cancelled, passengers stranded for hours

Over 500 IndiGo flights were cancelled nationwide, leaving passengers stranded without food, clarity or their luggage as airports struggled to manage the disruption.

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IndiGo flight

India’s largest airline continued to face massive operational breakdowns, triggering frustration among travellers at major airports across the country. From piles of unattended suitcases to passengers waiting over 12 hours without food or clarity, the disruption stretched into its fourth consecutive day.

Long delays, no communication leave passengers anguished

Several travellers at Delhi airport described the situation as “mental torture”, as thousands of unclaimed suitcases lay scattered across the terminal. Many slept on the floor, while others expressed anger over the lack of communication from airline staff.

One flier said he had been waiting for over 12 hours without any explanation: “Every time they say one-hour or two-hour delays. We were going to a wedding but don’t even have our luggage.”

A passenger in Hyderabad recounted a similar ordeal, saying the flight was delayed indefinitely with no food, water, or updates from the airline. At the airport, some travellers blocked an Air India flight in protest over the lack of arrangements.

Goa and Chennai airports also witnessed tense moments. Videos from Goa showed fliers shouting at IndiGo staff as police attempted to calm the situation. At Chennai, CISF denied entry to IndiGo passengers due to heavy congestion.

Major metro airports impacted; cascading cancellations nationwide

Flight cancellations and delays were reported across multiple airports:

  • Over 200 flights were cancelled in Delhi
  • More than 100 each in Mumbai and Bengaluru
  • Around 90 in Hyderabad
  • Dozens more in Pune, Vishakhapatnam, Chennai and Bhopal

Pune airport stated that parking bay congestion worsened the situation, as several IndiGo aircraft remained grounded due to lack of crew. Other airlines continued operations without disruption.

Airport authorities said they had mobilised additional manpower for crowd control and passenger support.

IndiGo admits planning lapses, says more cancellations expected

The airline acknowledged a “misjudgment” in assessing crew requirements under revised night-duty norms, which it said created planning gaps. Winter weather and airport congestion further aggravated the crisis.

IndiGo informed the aviation ministry and DGCA that some regulatory changes—such as the shift in night-duty timings and a cap on night landings—have been rolled back temporarily to stabilise operations.

The airline warned that cancellations may continue for another two to three days, and from December 8, schedules will be trimmed to prevent further disruption.

In a message to employees, CEO Pieter Elbers said restoring punctuality would not be an “easy target”.

Airline issues apology amid nationwide frustration

In a late-night statement, IndiGo apologised to customers and industry partners, acknowledging the widespread inconvenience caused by the disruptions. The airline said all teams were working with authorities to bring operations back to normal.

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