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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.

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Rahul Gandhi, Rajnath Singh clash in Lok Sabha over ex-Army chief’s unpublished book on Ladakh

Lok Sabha proceedings were disrupted after Rahul Gandhi cited an unpublished book by former Army chief General MM Naravane on the Ladakh stand-off, drawing objections from Rajnath Singh and other BJP leaders.

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Rahul Gandhi

A sharp confrontation unfolded in the Lok Sabha on Monday after Leader of Opposition Rahul Gandhi referred to an unpublished book by former Army chief General MM Naravane while speaking on the 2020 India-China Ladakh stand-off, prompting strong objections from treasury benches.

Rahul Gandhi began his address by holding a printout of a magazine article that carried an essay on General Naravane’s yet-to-be-published memoir, Four Stars of Destiny. The reference immediately drew an intervention from Defence Minister Rajnath Singh, who objected to the citation, saying quoting an unpublished book violated parliamentary rules.

Objections from treasury benches

Rajnath Singh demanded that the Leader of Opposition place the book before the House, arguing that since the memoir had not been formally published, its contents could not be cited during proceedings. The objection was echoed by Home Minister Amit Shah, who questioned how references could be made to material that was not publicly available.

Parliamentary Affairs Minister Kiren Rijiju went a step further, suggesting that the House should deliberate on action against members who do not comply with the Speaker’s rulings.

As Rahul Gandhi persisted, repeatedly referring to “Chinese tanks” while discussing the eastern Ladakh situation, the opposition from BJP members intensified, leading to sustained disruptions.

Opposition support and continued disruptions

Samajwadi Party chief Akhilesh Yadav backed Rahul Gandhi, stating that issues concerning China were sensitive and that the Leader of Opposition should be allowed to present his views in the House.

Responding to the objections, Rahul Gandhi questioned the resistance to his remarks, asking what in the book was causing such concern. He maintained that both the article and the contents he was quoting were “100 per cent authentic.”

The Congress leader also said he had not intended to raise the issue but felt compelled to do so after BJP MP Tejasvi Surya questioned the patriotism of the Congress and its leadership.

Government, Congress trade charges

Government sources accused Rahul Gandhi of setting a dangerous precedent by citing material from an unpublished book, alleging that such references could be misused to make unverified claims on the floor of Parliament.

Congress MP Priyanka Gandhi defended her brother, saying he was not attempting to defame the Army and was merely reading an excerpt attributed to the former Army chief. She accused the ruling party of resisting discussion whenever uncomfortable issues surfaced.

House adjourned amid chaos

The repeated interruptions forced Lok Sabha Speaker Om Birla to adjourn the House till 3 pm. When proceedings resumed, similar scenes played out as Rahul Gandhi again attempted to speak on the subject, leading to further disruptions and another adjournment.

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P Chidambaram avoids commenting on Trump’s dead economy remark echoed by Rahul Gandhi

Chidambaram stays silent on Trump’s ‘dead economy’ remark echoed by Rahul Gandhi as Congress critiques Union Budget 2026.

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P Chidambaram

Finance Minister Nirmala Sitharaman on Sunday presented her ninth consecutive union budget, stopping just short of Morarji Desai’s record of ten.

Congress MP P Chidambaram, however, avoided commenting on the ‘India is a dead economy’ statement made by former US President Donald Trump last July, which was later echoed by Rahul Gandhi.

Speaking to reporters after reviewing the budget, Chidambaram said he could not respond as he lacked the full context of Trump’s original remarks.

The comment by Trump followed India’s continued purchase of Russian crude oil, which the US had criticized as indirectly funding military action in Ukraine. Trump imposed a 25 per cent penalty tariff on Indian imports and added: “I don’t care what India does with Russia. They can take their dead economies down together, for all I care.”

Rahul Gandhi later supported the statement, saying, “He is right, everybody knows this except the Prime Minister and Finance Minister. I am glad President Trump stated a fact…”

The remark sparked a political debate, with BJP leaders criticizing Gandhi, while some Congress members, including Rajya Sabha MP Rajiv Shukla, called the statement “completely wrong.”

Ahead of the budget, Gandhi had highlighted the impact of US tariffs on small textile businesses, noting on X: “50 per cent US tariffs are badly hurting textile exporters. Job losses, shutdowns… are reality of our ‘dead economy’.”

The debate gained traction following the budget announcement, which did not offer immediate relief to middle-class taxpayers and saw markets react sharply, with the Sensex closing 1,500 points lower on Sunday.

Chidambaram, as usual, led Congress’ critique of the budget, pointing to a decrease in capital expenditure as a percentage of GDP from 3.2 per cent in FY25 to 3.1 per cent, despite the proposal of Rs 12.2 lakh crore for capex. He added, “Revenue receipts short by Rs 78,086 crore… total expenditure short by Rs 1,00,503 crore… revenue expenditure short by Rs 75,168 crore… capex was cut by Rs 1,44,376 crore… not a word was said to explain this…”

Rahul Gandhi echoed the criticism, highlighting issues such as unemployment, farmers’ distress, declining household savings, and low investment. “A budget that refuses course correction and is blind to India’s real crises,” he said on X.

Responding to the criticism, Finance Minister Sitharaman said, “With due respects, I don’t know what course correction he is referring to. The economy and its fundamentals are strong.”

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Earthquake of 4.6 magnitude hits Andaman and Nicobar Islands

A 4.6 magnitude earthquake struck the Nicobar Islands at 10 km depth, highlighting the region’s seismic activity and potential risks from shallow tremors.

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earthquake-tremors

An earthquake measuring 4.6 on the Richter scale struck the Andaman and Nicobar Islands early Monday at around 3:30 am, the National Center of Seismology (NCS) reported.

According to the NCS, the tremor occurred at a shallow depth of 10 km. The earthquake’s epicenter was located at a latitude of 9.03° North and a longitude of 92.78° East, placing it in the Nicobar Islands region.

In a post on X, the NCS confirmed the details: “EQ of M: 4.6, On: 02/02/2026 03:31:12 IST, Lat: 9.03 N, Long: 92.78 E, Depth: 10 Km, Location: Nicobar Islands.”

The Andaman and Nicobar Islands fall under Seismic Zone V, according to India’s seismic zoning map (1893-1984), making them one of the most earthquake-prone regions in the world. Historically, the islands have experienced several major earthquakes, including the devastating tremor on December 26, 2004, which caused significant land displacement and triggered tsunami waves, resulting in heavy loss of life and property.

Experts note that shallow earthquakes, like the one recorded on Monday, can be more hazardous than deeper ones. Seismic waves from shallow quakes travel a shorter distance to the surface, causing stronger ground shaking and posing higher risks to structures and human safety.

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