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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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Priyanka Gandhi and Prashant Kishor held talks in Delhi after Bihar election setback

Priyanka Gandhi Vadra and Prashant Kishor reportedly met in Delhi days after both Congress and Jan Suraaj suffered setbacks in the Bihar Assembly election.

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Priyanka Gandhi

Congress MP Priyanka Gandhi Vadra and Jan Suraaj chief Prashant Kishor met in Delhi last week, days after the Bihar Assembly election delivered a setback to both political outfits, sources said. The meeting reportedly took place at Sonia Gandhi’s 10, Janpath residence and lasted several hours.

While the interaction has triggered political speculation, both leaders have publicly played down any significance. When asked about the meeting, Priyanka Gandhi said there was little interest in who she meets or does not meet. Prashant Kishor, on the other hand, denied that any such meeting had taken place

Bihar rout brings renewed focus on opposition strategy

The reported interaction followed disappointing election outcomes in Bihar. Jan Suraaj contested 238 Assembly seats but failed to secure a single win, while the Congress managed only six victories out of the 61 seats it contested, a drop of 13 seats compared to the previous election

Sources familiar with the developments indicated that the poor showing by both sides has reopened conversations about future political strategy, especially with several major state elections scheduled over the next two years

A relationship marked by past cooperation and friction

Prashant Kishor has previously worked with the Congress, with mixed outcomes. In 2017, he played a key role in the Congress’s victory in Punjab, but the same year saw the party suffer defeat in Uttar Pradesh. The contrasting results led to internal disagreements, with some party leaders later questioning Kishor’s approach and influence

Talks of Kishor formally joining the Congress resurfaced ahead of the 2022 Uttar Pradesh election, with discussions involving senior party leaders. However, those negotiations collapsed amid differences over organisational reforms and decision-making authority. Kishor later described his experience with the party as unsatisfactory and ruled out joining it, citing resistance to structural change

Jan Suraaj’s debut and future calculations

After parting ways with the Congress, Kishor launched Jan Suraaj with the aim of reshaping Bihar’s political discourse. Despite claims that the party shifted focus from caste-based politics to employment issues, its electoral debut failed to translate into votes

Sources suggest that recent defeats across the opposition spectrum have prompted fresh assessments ahead of upcoming elections in Tamil Nadu, West Bengal and Assam in 2026, followed by Uttar Pradesh in 2027. The longer-term focus remains the 2029 Lok Sabha election, where the ruling party is expected to seek another term

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Omar Abdullah distances INDIA bloc from Congress’s vote chori campaign

Omar Abdullah has clarified that the INDIA opposition bloc is not linked to the Congress’s ‘vote chori’ campaign, saying each party is free to set its own agenda.

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Jammu and Kashmir Chief Minister and National Conference leader Omar Abdullah has drawn a clear line between the INDIA opposition bloc and the Congress’s ongoing ‘vote chori’ campaign, stating that the alliance has no role in the issue being raised by the grand old party.

Speaking to the media, Abdullah said every political party within the alliance is free to decide its own priorities. He underlined that the Congress has chosen to focus on alleged irregularities linked to voter lists and electoral processes, while other parties may pursue different agendas.

According to Abdullah, the INDIA bloc as a collective is not associated with the ‘vote chori’ narrative. He added that no party within the alliance should dictate what issues another constituent should raise in public discourse.

The remarks came days after the Congress organised a large rally in the national capital to intensify its campaign. The party has alleged that the Election Commission is working in favour of the BJP to influence electoral outcomes. Both the poll body and the ruling party have rejected these claims.

INDIA bloc cohesion under scrutiny

Abdullah’s comments have gained significance as they follow his recent observation that the INDIA bloc is currently on “life support”. That remark, made during an interaction at a leadership summit in Delhi, triggered mixed reactions from alliance partners.

At the event, Abdullah had said the opposition grouping revives intermittently but struggles to maintain momentum, especially after electoral setbacks. He also pointed to the Bihar political developments, suggesting that decisions taken by the alliance may have contributed to Nitish Kumar returning to the NDA fold. He further cited the inability to accommodate the Hemant Soren-led Jharkhand Mukti Morcha in Bihar seat-sharing talks as a missed opportunity.

Allies respond to Omar Abdullah’s remarks

Reactions from within the INDIA bloc reflected differing views on Abdullah’s assessment. RJD leader Manoj Jha termed the remarks “rushed” and said responsibility for strengthening the alliance lies with all constituents, including Abdullah himself.

CPI general secretary D Raja called for introspection among alliance partners, questioning the lack of coordination despite the stated objective of defeating the BJP and safeguarding democratic values.

Samajwadi Party MP Rajeev Rai disagreed with the “life support” analogy, saying electoral defeats are part of politics and should not demoralise opposition forces. He cautioned that internal pessimism only serves the BJP’s interests.

BJP targets opposition unity

The BJP seized on the comments to attack the opposition bloc’s unity. Senior leader Shahnawaz Hussain dismissed the INDIA alliance as defunct, claiming it lost relevance after the Lok Sabha elections and lacks leadership and a clear policy direction.

Abdullah’s latest clarification on the ‘vote chori’ campaign reinforces the visible differences within the opposition alliance, even as its constituents continue to debate strategy and coordination ahead of future political battles.

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Nitin Nabin terms BJP working president role a party blessing, thanks leadership

BJP national working president Nitin Nabin has termed his appointment a blessing of the party, thanking its leadership and pledging to work on the ideals of his late father.

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Nitin Nabin

Newly appointed BJP national working president Nitin Nabin on Monday described his elevation as a blessing bestowed by the party and expressed gratitude to its top leadership for placing faith in him.

Speaking to reporters in Patna after paying floral tributes to a statue of his late father, former BJP MLA Nabin Kishor Prasad Sinha, the Bihar minister said he would continue to work on the principles he inherited from his family and the organisation.

“I have always worked on the ideas of my father, who treated the party like his mother and put the nation above everything else. I believe that is why the party has given me this responsibility,” Nabin said. He later visited Mahavir Mandir in the city to offer prayers.

Gratitude to Prime Minister, focus on Antyodaya

Thanking Prime Minister Narendra Modi for his guidance, Nabin said development under the current leadership has reached towns and villages across the country. He added that the party has expanded its presence and emerged as a platform representing the poor.

According to Nabin, no section of society has remained untouched by the welfare initiatives of the NDA government. He said the idea of Antyodaya has now reached every corner of India, recalling the contributions of Deendayal Upadhyaya, Syama Prasad Mookerjee and Atal Bihari Vajpayee in shaping the philosophy.

On elections and party organisation

Responding to questions on upcoming elections, including in West Bengal, Nabin said BJP workers remain active at all times. He remarked that unlike other parties, BJP cadres work round the year and remain prepared in every state.

At 45, Nabin is a five-time MLA from the Bankipur assembly constituency and has served twice as a minister in the Bihar government. He comes from an RSS background and is currently part of the Nitish Kumar-led state cabinet.

A generational shift in the party

Nabin’s appointment as national working president on Sunday was seen as a significant organisational move. The position, though not mentioned in the party constitution, has earlier served as a transition role before elevation to the top post.

Prime Minister Modi publicly endorsed the decision, describing Nabin as a hardworking and grounded leader with strong organisational experience. Party leaders have projected the move as part of a generational shift, with Nabin expected to follow a trajectory similar to that of the current national president, who had earlier served as working president before taking charge of the organisation.

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