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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

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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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