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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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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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