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Aadhaar linkages issue: Divan, Sibal point out the many dangers of identity theft, lack of choice

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The hearings on Aadhaar and its various linkages and privacy and security issued attached to them resumed 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 Tuesday (February 6).

Arguments started a little before lunch.

The following deliberations took place:

12:08 pm: Senior counsel Shyam Divan, who is handling a number of applications, continued his arguments. He showed the court a page in which a list of deaths was given. All these people died because they did not have Aadhaar. Thereafter, he read out problems faced by citizens who have not been able to link their Aadhaar to several services.

Justice Sikri intercepted, saying: “We will consider these examples after listening to the legal background of this.”

Divan replied: “I am just giving a summary of problems which arose because of Aadhaar.” He said there are two major reasons why he was reading these documents. They are:

  1. Deaths
  2. Dignity of citizens.

He said: “Kindly see the dignity of citizens. Article 21 is being infringed because of Aadhaar. The people who are disabled, who are old, who are not able to go for formalities… how can this happen to them? Their healthcare is also affected due to this.”

He said that these things also happened when fingerprints didn’t match.

Justice Chandrachud commented that can happen because of poor internet connection. Then he made an important observation. He said: “Aadhaar is the ground of financial misuse. That may or may not be permitted by the constitution.”

Senior counsel Kapil Sibal said: “A report was published in the Indian Express where it was mentioned that people are not able to do business because their Aadhaar numbers are not linked with their businesses.”

Divan said there are two affidavits which are in compilation. It indicates about the right to control which includes every citizen. He read an affidavit in which a person says why he does not want to register himself with the Aadhaar platform.

Divan said that these affidavits were adding a different dimension. Then he read an affidavit by a computer entrepreneur on the problems he faced because of Aadhaar.

He also mentioned that the problem is also faced during the filing of ITR. He said: “Why should I trust the platform which is totally unsafe?”

Justice Chandrachud asked whether the UIDAI is supplying the documents (which have been leaked) or are they stolen?

Divan replied because a third company is managing the documents and database, it is becoming unsafe. “I am not blaming the UIDAI, but information from the database has been leaked several times.”

12:59pm: Divan said: “While creating the database, the data was also being saved at some other places. They are:

  1. In the RAM till the other fingerprints are not taken
  2. In the cache
  3. In the memory if the computer is turned off.

“These are places where such data is easily compromisable. These are the security reasons why people are not ready to register themselves with Aadhaar. They don’t want their personal identities compromised.”

Divan submitted a two-day-old a news report. He said: “I don’t have an affidavit regarding this, but my lords can take it as an example of the affidavit which I read regarding the entrepreneurs.

“Consider this as a hypothetical condition. Now I am showing a completely different dimension. The document on page 64 is a report of a newspaper which happened in Uttar Pradesh when hackers including 10 accused were arrested. They had chemically made artificial fingerprints of persons. They used this for making forged Aadhaar cards. They made it in Kanpur, Devariya and Kushinagar.

“The cyber team of STF arrested this team. They told the team that they were doing this to make forged documents. They also told the team that they made a bypass for not giving iris to the UIDAI database.”

Divan submitted that it was very easy to make a clone of fingerprints and this happened because of lack of security. “And now why should I register myself in these type of databases which are not secure?”

He submitted that as of November 15, a total of 6 crore 23 lakh fingerprints have been rejected because of biometrics duplication. He said this was happening because of database expansion. “As the database expands, the rejection rate is also increasing. And now people who genuinely require this, are not able to register themselves for Aadhaar.”

Then he gave an example of a school where the attendance system was attached with the online portal of the Aadhaar system. There are total of 230 girls in school but only 120 attendances were marked. This happened because some of girls were not registered on the database and some girls were rejected by the database. This system is accepted because of mid-day meal in schools.

He said: “Before summing up my submissions, I would just want to mention that I have submitted many law reports and articles which are mainly criticisms of Aadhaar. I don’t want to read all these, but you can consider those reports and articles.”

He then read from an article that had been published by a foreign university.

He said: “Are we living in a stage where we are being forced to give our personal identity? Sibal mentioned previously about a cab service running with the help of biometrics. This will be so unsafe. In a digital world, this will be very harmful for us and for national security.

“My second submission is about trust. The Aadhaar is being connected to all the services of the state. The trust which exists between the state and citizen will break down if it happens.

“The third major key was on ultra vires and rule of law.

“The two major aspects that remained were of surveillance and security. Look the domination that a state is having on its citizens in a democratic society.”

That concluded Divan’s submissions. While leaving the court the CJI said that a total of 42 volumes of handwritten notes had been submitted by Divan.

2:32 pm: Following the break, Sibal started his submissions.

He state that this was a matter of far reaching consequences as the Aadhaar number will be used by generations. “It will have huge implications in politics,” he said. “We are living in a digital world.

It’s hard to figure out what’s real and what’s not. What’s going to happen tomorrow no one knows, neither the bench nor the experts, such is the power of technology. The most powerful tool is information. One who controls data will rule. Hence the state will exercise power like never before.”

He also pointed out that: “Every technology can be hacked. If power has such great significance, brick walls need to be created, otherwise data will be hacked.

“As of technology, there is no technology in the world which has not been misused. The same technology can be used to create and destroy. Personal information of an individual once hacked cannot be retrieved. And it is important because of its ramifications. If you are an Aadhaar holder there will be transfer of account details. Fingerprints twice taken can be easily misused. Also, the more you know about people the more you can customise your product for economic gains. We have become toys of fingerprints.

“The questions to be decided are what is the government trying to do and how the individual is being protected. I have no other entity but Aadhaar? What about article 21 which entitles an individual to choice? Choice is the soul of our constitutional rights, but here the state tells us that we have no choice. You can enjoy services only through Aadhaar.

“The heart of article 21 is to have choice. Under article 21 the procedure must be reasonable and the substance should be reasonable. With Aadhaar, the whole thing is procedurally unreasonable.”

He supported Divan’s submission and stated that the whole procedure is wrong as there are no checks in taking Aadhaar details. My identity has nothing to do with my status. My entitlement such as for a widow, SC/ST etc. That’s my status and it is not related to my identity. How can my status be denied on the ground that I don’t have an Aadhaar number?

“How can I be denied my entitlement which I confer as a right by virtue of my status, for the want of my identification? Identification and entitlement are two separate issues

“The DPSP provided under part 4 of the Constitution provides that the state has to take care of the security of state, and people. It is a big problem for poor and rural people where there are no digital facilities. Money is not the criteria.

“The digital world is easier to be manipulated as compared to physical world,’’ he said.

He submits six propositions:

  1. Digital world is far more susceptible than the physical world
  2. No legislation can allow personal data to be put at risk in the absence of a technologically safe environment
  3. Such a level of endurance is impossible to obtain in a digital space.
  4. Biometric code and demographic info of an individual, once parted with into the digital world is irretrievable.
  5. The digital world is a vehicle to benefit the information economy
  6. Once a part of digital world, the information becomes irretrievable, “once the Genie out of the bottle can’t be put back in”

He said now 1.3 billion is the market for big corporations “The more they infringe, the more they know about us and more profit for them.”

Then he referred to the Aadhaar Act, 2016. He said Sections 3 and 7 were being emphasised upon. About Aadhaar number, he says my entitlement is Aadhar number. As a condition you are required to undergo authentication. Section 57 is totally unconstitutional.

Justice Chandrachud said that this section is confined to subsidy etc i.e Nexus is in relation to consolidated funds. As far section 7 is concerned, test of constitutionality must be looked into.

He gives a hypothetical example that if the state has the power to mandate Aadhaar at all services then where is the use of consent and choice?  We are heading towards a system of no preference and no choices.

—India Legal Bureau

India News

JNU protest turns violent as Left and Right student groups trade charges

A late-night protest at JNU turned violent as Left and ABVP student groups accused each other of stone-throwing and attacks near the East Gate.

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JNU Protest

Tension gripped the campus of Jawaharlal Nehru University in the early hours of Monday after a protest march allegedly spiralled into violence, with rival student groups accusing each other of triggering the unrest.

Students claimed that the incident occurred around 1.30 am when a confrontation broke out during a march called by the Jawaharlal Nehru University Students’ Union. The protest, named “Samta Juloos”, was headed towards the East Gate and was organised to demand the resignation of Vice-Chancellor Santishree Dhulipudi Pandit and the withdrawal of a rustication order.

According to protesters, several students were injured after alleged stone-throwing during the clash. They alleged that the university administration did not intervene during the march and instead permitted members of the Akhil Bharatiya Vidyarthi Parishad to confront demonstrators.

However, the ABVP denied the allegations and countered that Left-affiliated organisations instigated the confrontation and were spreading misinformation about the events.

Left-backed groups, including the All India Students’ Association, claimed that ABVP activists targeted the JNUSU encampment and hurled stones at “unarmed students”, leading to multiple injuries.

Videos shared by students on social media reportedly showed chaotic scenes near the protest site, with members of rival groups engaged in heated exchanges and physical scuffles.

University authorities did not immediately respond to queries regarding the incident. Students said the situation on campus remained tense following the overnight clashes.

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World praised India’s AI potential at AI Impact Summit, says PM Modi

PM Modi said the world praised India’s AI potential at the AI Impact Summit 2026, where 89 countries endorsed the New Delhi Declaration on artificial intelligence.

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pm modi speech

Prime Minister Narendra Modi on Monday said that the world wholeheartedly praised India’s potential during the recently concluded AI Impact Summit 2026 in New Delhi, highlighting the growing global confidence in the country’s young technology talent.

In a post on X, the Prime Minister said the summit demonstrated how the mindset of India’s youth in the field of technology would serve humanity at large. He described the event as historic and underlined the positive global response to India’s AI capabilities.

The AI Impact Summit 2026, organised in New Delhi last week, concluded with the adoption of the New Delhi Declaration on AI Impact. The declaration has been endorsed by 89 countries and international organisations, signalling broad global agreement on promoting artificial intelligence for economic growth and social welfare.

Broad global participation

The summit saw the participation of several prominent world leaders and top technology executives. Among those present were UN Secretary-General Antonio Guterres, French President Emmanuel Macron, Brazilian President Luiz Inacio Lula da Silva, and Swiss President Guy Parmelin.

Other leaders attending the summit included Sri Lanka President Anura Kumara Dissanayake, Bhutan Prime Minister Tshering Tobgay, Mauritius Prime Minister Navinchandra Ramgoolam, Croatia Prime Minister Andrej Plenkovic, Serbia President Aleksandar Vucic, Seychelles Vice President Sebastien Pillay, Estonia President Alar Karis, and Finland Prime Minister Petteri Orpo.

Chief executives and senior leaders from major global technology firms were also part of the gathering.

Focus on inclusive AI growth

Held under the theme ‘Sarvajan Hitay, Sarvajan Sukhay’ (welfare for all, happiness of all), the summit aimed to position India as a global leader in artificial intelligence while ensuring that AI development remains inclusive and sustainable.

The event brought together more than 500 international AI leaders. This included around 100 CEOs and founders, 150 academicians and researchers, and 400 CTOs, vice presidents and philanthropists. Additionally, over 100 government representatives and nearly 60 ministers and vice ministers participated in discussions.

The New Delhi Declaration seeks to strengthen international cooperation and ensure that AI technologies contribute to economic progress, social good and environmental protection.

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Devendra Fadnavis seeks CBI probe into Ajit Pawar plane crash

Maharashtra Chief Minister Devendra Fadnavis has requested a CBI investigation into the plane crash that killed Deputy CM Ajit Pawar, alongside ongoing DGCA and CID probes.

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Ajit Pawar plane crash

The Maharashtra government has sought a Central Bureau of Investigation (CBI) probe into the plane crash that claimed the life of Deputy Chief Minister Ajit Pawar last month, Chief Minister Devendra Fadnavis said on Sunday.

Addressing a press conference on the eve of the state budget session, Fadnavis said the request for a CBI inquiry had been conveyed to Union Home Minister Amit Shah. He added that the move followed a letter from the Nationalist Congress Party (NCP), an ally of the BJP, demanding a central probe into the incident.

Multiple investigations underway

Fadnavis said investigations by the Directorate General of Civil Aviation (DGCA) and the state Criminal Investigation Department (CID) are already in progress. The proposed CBI probe would run parallel to these inquiries to address any concerns surrounding the crash.

Ajit Pawar and four others were killed on January 28 when a chartered Learjet 45 aircraft crashed while attempting to land near Baramati in Pune district.

The chief minister said the government is committed to clearing all doubts related to the incident and will ensure regular follow-up of the investigations. He urged people to avoid speculation and wait for the official findings.

Allegations and political reactions

Rohit Pawar, nephew of the late NCP leader and a member of the NCP (SP), has raised allegations about the circumstances of the crash and suggested possible foul play. On Saturday, he wrote to Prime Minister Narendra Modi seeking the resignation of Civil Aviation Minister K Rammohan Naidu until the inquiry is completed.

Rohit Pawar has also questioned the company VSR, which owned the ill-fated aircraft, and alleged links with the civil aviation minister.

Fadnavis said the DGCA is conducting an audit of the VSR company and examining its logbooks. He maintained that both the DGCA and the civil aviation ministry have nothing to hide.

Highlighting the broader implications of the incident, Fadnavis noted that the probe is important for ensuring the safety of political leaders, adding that he had travelled on the same VSR aircraft on several occasions.

Deputy Chief Minister Sunetra Pawar, who was present at the press conference along with Deputy Chief Minister Eknath Shinde, said the state government has formally requested a CBI probe and assured a thorough investigation.

The issue is expected to be discussed during the budget session of the Maharashtra legislature, amid sharp exchanges between the ruling alliance and the Opposition. The Opposition also boycotted the customary tea party hosted by the chief minister, citing concerns over the potential impact of the Indo-US trade deal on cotton growers and fisherfolk in the state.

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