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Aadhaar linkages case: UIDAI chief likely to make PPT presentation in SC tomorrow

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The Constitution Bench of the Supreme Court will, in probably the first such instance, be given a PowerPoint (PPT) presentation, on Thursday,  March 22, by Unique Identification Authority of India (UIDAI) CEO Ajay Bhushan Pandey to defend the Aadhaar Act and Centre’s decision of making Aadhaar-linking with various services mandatory.

The Centre on Wednesday, March 21, had sought the Supreme Court’s permission to UIDAI CEO Dr Ajay Bhushan Pandey to give a power point presentation in the court to allay the concerns regarding the Aadhaar act.

The Constitution Bench comprising Chief Justice Dipak Misra and Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan, on Wednesday March 21, accepted the request from the Attorney General KK Venugopal.

CJI Dipak Misra, who is heading the five-judge bench hearing a batch of petitions challenging the constitutional validity of Aadhaar, said the time for presentation will be fixed after discussions with other judges.

The UIDAI is the nodal authority that issues the 12-digit biometric identity programme.

Venugopal, who made submissions on behalf of the centre in defence of the Aadhaar programme and Prime Minister Narendra Modi-led government’s insistence of mandatorily linking the system for continued access to various services, including bank accounts and subsidiary benefits, told the top court on Wednesday that “steps have been taken to protect the personal information” of citizens who have been integrated with the biometric system, reported India Legal.

Emphasising that all necessary steps were being taken by the centre and UIDAI to safeguard data integrated with the biometric identification programme, the Attorney General said: “There are two highly technical aspects involved- one, regarding the security of data, in terms of access to the biometric and demographic database; and two, regarding the prevention of leakages in social security schemes… Between 2006 and 2016, 61 committees including Empowered Groups of Ministers and expert groups have deliberated on alternatives to Aadhaar cards such as smart cards etc…the Aadhaar is a serious attempt on the part of the government for insulating people…several countries have adopted similar systems of identification…the World Bank has, in its ‘Identifications for Development’ Integration Approach Study, investigated the various aspects of the Aadhaar regime as well those of other countries…”

Venugopal told the court that, if allowed, the UIDAI chief will address issues related to the security concerns over Aadhaar linkages through a PowerPoint presentation in the courtroom. Urging the bench to consider the request for a PPT presentation, stating that this would reduce the time of the court and will give a better understanding of what is being presented, Venugopal said: “All doubts of the judges and petitioners will be answered by CEO, UIDAI”. He suggested that two screens be put up in the court to enable the five judges as well as the petitioners to track the pointers being made in the PPT presentation.

The bench then said that it would consider the Attorney General’s request while Chief Justice Misra asked him to proceed with his submissions in the meanwhile.

Before the Attorney General began making his oral submissions, Chief Justice Misra succinctly summarised the legal arguments advanced by the petitioners over the 19 days of the Aadhaar hearing, stating that these ranged from assertions like – “I love my anonymity”, “my privacy is my treasure, why should I sell it”, “concerns over virtual mass surveillance”, etc.

Venugopal then began his arguments, basing them on the premise that Aadhaar was an effort by the government to “protect the segmented sections of society”.

“During the British-era, the rate of poverty (in India) was 66 per cent and that of illiteracy was 87 per cent…while the population between 1947-1950 was only 300 million… there were instances galore of diversion of funds by middlemen and public servants…corruption was massive”, adding that as per the report of Privacy International, India was ranked high in terms of corruption,” Venugopal said, adding: “now both (poverty and illiteracy) are both at 27 per cent.”

He said that the Aadhaar (Targeted Deliveries of Financial and Other Subsidies, Benefits and Services) Act of 2016 “was so designed that it has the lowest level of data leakage” and that there has been “no violation of the fundamental rights of people under Article 21 between 2009 and 2016 (the period during which mandatory linking was not incorporated into law but citizens voluntarily shared their biometric details for Aadhaar) because we’ve submitted ourselves voluntarily to the scheme.”

“We cannot say that because of our own voluntary acts, our fundamental rights have been violated,” Venugopal said. Drawing on the interpretation of “right to life” and the importance of this right vis-a-vis Aadhaar (since the government wants citizens to link their various services with the biometric identifier), the Attorney General said: “right to life under Article 21 has been interpreted as meaning not mere animal existence, but a life with dignity, including rights to food, shelter, employment etc.”

Justice Sikri then intervened to say: “Petitioners have raised the argument of their right to dignity while the respondents have argued their right to human dignity… the DPSPs (directive principles of state policy) require the State to safeguard and uplift the marginalised sections; there is also the right to dignity and privacy of the others. If any individual’s right to privacy is infringed, it comes in the zone of reasonable measures.”

To this, Chief Justice Misra added: “The right to privacy of an individual may be violated only as a reasonable measure, not to give way to distributive justice.”

Seeking to counter submissions made by petitioners who had argued that several poor citizens had been denied food and rations – some even reported dead of starvation – for want of Aadhaar-linking with ration cards to glitches in the biometric system, Venugopal said: “We have not received any such complaints where privacy has been infringed… Several NGOs have filed petitions, but Your Lordships have not heard a single depraved person complaining… in respect of the case of the woman who died for the want of Aadhaar, we have a counter…”

The Attorney General said further: “fundamental right has two aspects – one, the right to privacy, which is being used to challenge Section 7 of the Aadhaar Act, and two, the right to physical existence without hunger and without having to live on the pavement… in case of a conflict between the two, the latter ought to prevail… benefits to 300 million people have been given under Section 7 of the Act. There is no question of violation of fundamental rights.”

Justice Chandrachud posed the pointer: “There is no antithesis between political guarantees and economic guarantees. It is not like that there shall be the right to privacy for one section of the society and economic rights for the other. Until 2016 (when the Aadhaar Act was enacted), whosoever volunteered under the Aadhaar scheme, was basically not protected by any law as the legal protection was provided only under the act”.

Venugopal then proceeded to argue that the “Object of this act is to give directed delivery of subsidies to poor people of India as also given under the DPSPs so as to bridge a gap between rich and poor.” He read out from the written submissions regarding the objective of the Aadhaar Act – “The State is using the Aadhaar as an enabler of the right to food, livelihood, pension and other social welfare schemes including scholarships, while the petitioners are attacking the project on the grounds of privacy… in the past, the identity of the beneficiaries has failed the implementation of these welfare programmes, particularly in respect of the old and the disabled…”

Justice Sikri asked the Attorney General to explain his submission about implementation of welfare programmes failing due to creation of identities. “How can a condition of fake identity arise… under the pension scheme, it is the right of the employee to be subject to pension after rendering certain services,” Justice Sikri said.

Venugopal conceded that that “a lot of bogus identifications have been reported”.

Justice Chandrachud then asked the Attorney General to respond to concerns raised by petitioners who have sought to know from the government the state that mandatory Aadhaar-linking would leave such individuals in who suffer from dementia, or whose fingerprints can’t be recorded in the biometric system due to disability or other physical factors. “Take an example of people suffering from Alzheimer’s or dementia, people aged 80 or 90 years, or those who don’t have fingerprints… where do they go? Which bank will they go to? How can they have Aadhaar?”, Justice Chandrachud asked.

“You have to ensure that people should not suffer,” Justice Chandrachud said, adding: “How do we construe the meaning of subsidy, benefit of service under Section 7 of the Act… It would be better if the government accepts there is a problem of financial inclusion.” He then pointed out in a matter of fact manner: “A scheme always has good points as well as bad points.”

Venugopal responded with a quote from Mahatma Gandhi, stating: “The world has enough for everyone’s need but not for everyone’s greed” while referring to the problem of poverty in India and said: “poverty is unfortunate, the mere idea of poverty is violates human rights…”

The Attorney General then said that in genuine cases where an individual’s biometric was not being recognised for any reason, “beneficiaries will be provided with the subsidies via alternative mediums… if biometric is not being recognised, the individual will still get the subsidy on the basis of possession of the Aadhaar card.”

Justice Sikri then asked the Attorney General what is the purpose and need of centralising all data, adding: “even if we accept all your arguments, the chances of abuse of data remain.”

The bench then adjourned the matter until Thursday.

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Amit Shah counters delimitation concerns, says southern states to gain Lok Sabha seats

Amit Shah assures Parliament that southern states will gain Lok Sabha seats after delimitation, countering opposition criticism during the women’s reservation debate.

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Amit Shah

Union Home Minister Amit Shah on Thursday addressed concerns over the proposed delimitation exercise, asserting in the Lok Sabha that southern states will not lose representation but instead see an increase in their number of seats.

His remarks came during a heated debate linked to the implementation of women’s reservation, where opposition parties have raised fears that population-based delimitation could reduce the political weight of southern states.

Shah rejected these claims, calling them misleading, and said the proposed framework ensures fairness while expanding the overall strength of the Lok Sabha.

Seat count to rise with expansion of Lok Sabha

The government has indicated that the total number of Lok Sabha seats could increase significantly as part of the delimitation process. In this expanded House, the combined representation of southern states is expected to rise from 129 seats at present to around 195 seats.

Shah emphasised that no state will lose seats in absolute terms, and the exercise is designed to reflect population changes while maintaining balance across regions.

State-wise projections shared in Parliament

During his address, Shah also provided indicative figures for individual southern states, suggesting notable increases in representation. According to the projections:

  • Tamil Nadu could see its seats rise substantially
  • Kerala, Telangana, and Andhra Pradesh are also expected to gain additional seats
  • Karnataka’s representation may increase as well

These figures were presented to counter the argument that delimitation would disproportionately favour northern states.

Political debate intensifies over linkage with women’s quota

The delimitation exercise has been closely linked to the rollout of women’s reservation, which proposes one-third seats for women in Parliament and state assemblies.

Opposition leaders have questioned this linkage, arguing that tying reservation to delimitation could delay its implementation and raise federal concerns. Some leaders have also warned that the move could impact national unity if apprehensions among states are not addressed.

The government, however, maintains that the reforms are necessary to ensure equitable representation and to align the electoral system with demographic realities.

Centre dismisses ‘false narrative’ on southern states

Shah reiterated that concerns about southern states losing influence are unfounded. He said the delimitation process will increase representation across regions and described the criticism as a “false narrative” aimed at creating confusion.

The issue is expected to remain a key flashpoint as Parliament continues discussions on the women’s reservation framework and related legislative changes.

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PM Modi assures no discrimination in women’s quota, delimitation debate intensifies in Parliament

PM Narendra Modi has assured that women’s reservation will be implemented without discrimination, amid a heated debate over delimitation in Parliament.

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PM modi

Prime Minister Narendra Modi has assured that there will be no discrimination in the implementation of women’s reservation, as Parliament witnessed a sharp debate over the proposed linkage between the quota and delimitation exercise.

During the ongoing special session, the government reiterated its commitment to ensuring fair representation while addressing concerns raised by opposition parties regarding the timing and structure of the legislation.

The proposed framework aims to reserve 33 percent of seats for women in the Lok Sabha and state assemblies. However, its implementation is tied to a fresh delimitation exercise, which is expected after the next census.

Opposition questions timing and intent

Opposition leaders have raised concerns that linking the women’s quota to delimitation could delay its implementation. They argue that the process of redrawing constituencies may push the actual rollout further into the future.

The issue has triggered a broader political confrontation, with multiple parties questioning whether the move could alter representation across states.

Some critics have also alleged that the delimitation exercise could disproportionately benefit certain regions based on population, a charge the government has rejected.

Government reiterates commitment to fair implementation

Responding to these concerns, the Centre has maintained that the reforms are necessary to ensure accurate and updated representation based on population data.

Leaders from the ruling side have repeatedly emphasized that the process will be carried out transparently and without bias. The assurance that there will be “no discrimination” is aimed at addressing fears among states and opposition parties.

The debate marks a key moment in Parliament, with both sides engaging in intense exchanges over one of the most significant electoral reforms in recent years.

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Give all tickets to Muslim women, Amit Shah says, attacking Akhilesh Yadav on sub-quota demand

A sharp exchange between Amit Shah and Akhilesh Yadav in Parliament over sub-quota for Muslim women highlights key divisions on women’s reservation implementation.

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A heated exchange broke out in Parliament during discussions on the women’s reservation framework, with Union Home Minister Amit Shah and Samajwadi Party chief Akhilesh Yadav locking horns over the demand for a sub-quota for Muslim women.

The debate unfolded as the government pushed forward key legislative measures to implement 33% reservation for women in the Lok Sabha and state assemblies.

Akhilesh Yadav argued that the proposed reservation must ensure representation for women from marginalised communities, including Other Backward Classes (OBCs) and Muslim women. He said that without such provisions, large sections could remain excluded from political participation.

He also questioned the timing of the bill, alleging that the Centre was avoiding a caste census. According to him, a census would lead to renewed demands for caste-based reservations, which the government is reluctant to address.

Government rejects religion-based quota

Responding to the demand, Amit Shah made it clear that reservation based on religion is not permitted under the Constitution.

He stated that any proposal to provide quota to Muslims on religious grounds would be unconstitutional, firmly rejecting the idea of a separate sub-quota for Muslim women within the broader reservation framework.

The government has maintained that the existing framework already includes provisions for Scheduled Castes (SC) and Scheduled Tribes (ST) women within the overall reservation structure.

Wider political divide over implementation

The issue of sub-categorisation within the women’s quota has emerged as a major flashpoint, even as most opposition parties broadly support the idea of women’s reservation.

Samajwadi Party leaders reiterated that their support for the bill depends on inclusion of OBC and minority women, while the government continues to defend its constitutional position.

The debate is part of a broader discussion during the special Parliament session, where multiple bills linked to delimitation and implementation of the women’s quota are being taken up.

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