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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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Two election commissioners complained against senior poll officer, RTI reveals

An RTI response has shed light on complaints by two Election Commissioners against a senior poll panel officer and the Cabinet Secretariat’s decision not to intervene directly.

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An RTI response has brought fresh details to light about complaints submitted by two Election Commissioners against a senior official of the Election Commission of India (ECI), including the Cabinet Secretariat’s decision not to intervene directly in the matter.

Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi wrote separate letters to Cabinet Secretary T V Somanathan on July 29, 2026, raising concerns about the working of Senior Deputy Election Commissioner Maneesh Garg.

The complaints followed an order concerning the allocation of responsibilities among senior officers in the poll panel. The Cabinet Secretariat subsequently acknowledged the communications and shared them with relevant offices, while noting that direct action could be inappropriate without an official communication from the Commission as a whole.

Why the two Election Commissioners raised concerns

The dispute centred on a work-allocation order issued on July 28, when Garg took temporary charge as the link officer for the Deputy Election Commissioner handling administration, who was on leave.

According to the complaints, Garg issued an order reallocating responsibilities among senior and equivalent-ranking officers without discussing the changes with the Commission or the officers concerned.

Sandhu reportedly objected that the revised allocation had been made without consultation, while Joshi stated that a file he requested from the Administration Division was not provided to him.

The two Commissioners also referred to previous instructions against making such changes without prior discussion or approval from the Commission.

Why the Cabinet Secretariat did not intervene

Records disclosed through the RTI process indicate that the Cabinet Secretariat considered the complaints but concluded that direct intervention could be inappropriate.

In its internal deliberations, the Secretariat noted that the Election Commission is a constitutional body designed to function independently of executive interference. It also observed that the letters had been sent by the two Commissioners in their individual capacities rather than as an official communication from the Commission collectively.

The Secretariat therefore considered it appropriate to acknowledge the letters and inform the Chief Election Commissioner’s office, rather than take direct action against the official.

The Department of Personnel and Training was also informed so that the matter could be placed on record for future consideration concerning the officer.

What happened after the complaints

The Cabinet Secretariat’s records show that internal discussions took place on August 3 and August 4. The Cabinet Secretary acknowledged the two letters on August 5 and forwarded the matter to the relevant offices.

The Election Commission had also issued a clarification on September 26, stating that the dispute did not concern a policy matter or the Commission’s IT division, but the functioning of an officer posted to the poll panel.

The Commission said the work-reallocation orders were not implemented following directions from the two Commissioners and that oversight of the IT division had not actually been withdrawn.

The RTI disclosures provide an official record of how the complaints were handled by the Cabinet Secretariat, while also highlighting the institutional considerations involved in deciding whether the executive should intervene in the functioning of a constitutional body.

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Punjab strike hits public services as 3 lakh employees and roadways workers protest

Punjab is facing disruption to government work and public transport as over three lakh government employees participate in a mass leave protest and roadways workers continue their strike over pending demands.

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Public services in Punjab have been affected as government employees and transport workers continue their agitation over long-pending demands. The protests involve a mass casual leave programme by more than three lakh government employees and a separate strike by workers associated with state-run transport services.

The agitation has disrupted government office operations and public bus services, adding to the pressure on the Punjab government to address employees’ grievances.

Why Punjab government employees are protesting

Government employees have been pressing for the release of pending dearness allowance (DA) instalments and arrears, restoration of the Old Pension Scheme (OPS), regularisation of contractual workers and resolution of pay-related issues.

The demands also cover service conditions and benefits for workers employed across different government departments. Employee organisations have called for concrete decisions on these matters, arguing that several issues remain unresolved despite discussions with the state government.

The mass casual leave programme has affected the functioning of government offices and administrative establishments across the state.

Roadways workers’ strike affects bus services

Separately, workers associated with Punjab Roadways, PUNBUS and the Punjab Road Transport Corporation (PRTC) have continued their agitation over employment-related demands.

The transport workers’ protest has affected the availability of public buses, creating difficulties for commuters who depend on state-run services for their daily travel.

The transport workers’ demands include regularisation under applicable service rules, changes to employment arrangements for outsourced workers and action on cases linked to previous protests.

The government employees’ agitation and the transport workers’ strike are separate actions, although both concern outstanding demands and the state government’s response to employee organisations.

Talks fail to resolve the deadlock

Discussions between employee representatives and the state government have so far failed to produce a comprehensive resolution to the dispute.

Employee organisations have continued to seek assurances and concrete action on their demands. The continuation of the agitation reflects the lack of an agreement that would persuade the protesting groups to withdraw their actions.

The dispute has also placed the state government under pressure to restore normal public services while addressing the concerns raised by government staff and transport workers.

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Amit Shah says congress won’t return to power for 30 years

Union Home Minister Amit Shah took a swipe at Rahul Gandhi over the Opposition’s vote theft allegations, asserting that the Congress would not return to power for the next 30 years.

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Union Home Minister Amit Shah on Thursday launched a fresh attack on Congress leader Rahul Gandhi, questioning the Opposition’s allegations of vote theft and asserting that the Congress would not return to power for the next 30 years.

Addressing an event in New Delhi, Shah criticised Gandhi over his absence from the country and challenged the Congress’s objections to the Election Commission of India (ECI), arguing that the party accepted the electoral process when it won elections but questioned it after defeats.

The remarks came during an event related to projects for the rejuvenation of the Yamuna, where Shah also targeted the Congress and the Aam Aadmi Party (AAP) over their political record in Delhi.

Amit Shah’s warning to Rahul Gandhi

Taking a dig at Gandhi over his reported foreign visit, Shah said the Congress leader would have to remember his words when he returned to Delhi.

The Home Minister argued that the Congress’s political setbacks had begun long before Narendra Modi became Prime Minister and said the party could not attribute its electoral losses solely to allegations of irregularities in elections.

Shah also defended his confidence in the BJP’s electoral prospects, contrasting his prediction of the party remaining in power with the Congress’s prospects under its current political approach.

He asserted that the Congress would not get another opportunity to form a government for the next 30 years. The statement was a political prediction made by Shah, rather than an established electoral outcome.

Shah questions Congress over vote theft allegations

Shah accused the Congress and other Opposition parties of adopting inconsistent positions on the Election Commission, depending on whether election results favoured them.

Citing electoral victories in states including Kerala, Telangana and Himachal Pradesh, he argued that the Congress and its allies had accepted the electoral process when they won.

He questioned why the same institutions and electoral arrangements became subjects of criticism when the Opposition lost elections.

Shah also targeted the Opposition’s protests against alleged electoral irregularities and the Special Intensive Revision (SIR) of electoral rolls. He alleged that the Congress was using vote theft claims to protect the votes of infiltrators.

These were allegations made by the Home Minister and should be understood as his political assertions, not as independently established findings.

Amit Shah targets Opposition’s protest strategy

The Home Minister also criticised the Opposition’s demonstrations in Delhi, arguing that protests could not overturn the public mandate.

He said political parties seeking electoral victories should engage with people and address their concerns rather than rely on demonstrations and allegations against constitutional institutions.

Shah further accused the Opposition of applying different standards to court decisions, suggesting that it welcomed judgments in its favour while questioning those that went against it.

His remarks came amid continuing political disagreements over the electoral process and the Opposition’s criticism of the Election Commission.

Yamuna projects and attack on AAP

During the same event, Shah inaugurated and laid the foundation stones for 43 Delhi Jal Board projects worth Rs. 8,941 crore, aimed at improving wastewater treatment, drinking water infrastructure and the rejuvenation of the Yamuna.

He criticised previous governments in Delhi over the river’s pollution and accused the Congress and AAP of failing to address the problem adequately.

Shah also targeted AAP national convenor Arvind Kejriwal, arguing that political parties should be judged by their performance rather than their explanations for failing to deliver results.

He said the BJP would work towards cleaning the Yamuna and improving water and sewerage infrastructure in the national capital.

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