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Aadhaar linkages matter: This act will make the real person worthless, only the virtual person will prevail, says Gopal Subramanium

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Gopal Subramanium

Above: Gopal Subramanium

 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 Tuesday (February 13).

The following deliberations took place with senior counsel Kapil Sibal carrying on from where he broke off:

He talked about identity taken by face, iris and fingerprints. He also submitted about foreign situations where the government took all the information only for ten years. He said that “after the 10 years all databases will be deleted and recreated. That is what happens in the most secure countries in the world.”

He pointed out: “Even if you want to access the database, it will only be for limited things. The problems which are created by Aadhaar will be suffered by out our children, grandchildren and the children who are yet to be born.

“We all know that how much national security is important for us. And this government is trying to put it in danger,” he said. He then read retired Judge Puttaswamy’s arguments, on whose petition this case has come up. He submitted that the compilations of Trip Advisor, Alibaba, Uber, and some other websites showed the business reviews which were affected by Aadhaar.

Same he said of Facebook and WhatsApp which it acquired for $19 billion.

Sibal recited Right to Privacy judgment and laid down two points:

  1. My identity cannot be made a public identity
  2. My identity is not centralized

He said: “We are challenging the architecture of the act. On the one hand we have public interest and on the other we have national security.”

Involved are “personal information, medical information,  personal identity,” he said. “Our fundamental identity is that we are citizens of India. How can this be decided only on the basis of Aadhaar? Our passports, medical facilities etc. can be rejected? The state cannot choose how to prove our citizenship.”

He further referred to Sections 3,4,8 of the Aadhaar Act. Like argued before, Sibal also insisted that authentication is the key in the use of the Aadhaar number. “Meta data is not defined under the Aadhaar Act,” he said. “Section 57 was not needed. The proviso of Section 57 says subject to authentication. In short, for almost every purpose you will need authentication. And the concept of consent is illusionary. Identity can be established only by way of authentication. Such power is infringement of Article 19(1),20.”

He further stated: “Through Aadhaar the state seeks transparency of the individual. So the purpose of the RTI Act is violated. The proportionality argument is that you are presumed to be a criminal until you are proved innocent.

“There should not be the least restrictive opportunity to achieve the object. Hence proof of identity through Aadhaar is most restrictive way, hence violative of the principle  of proportionality,” the senior counsel argued.

“If Aadhaar is made mandatory wide powers will be given to the state in respect to when and where an individual will choose to travel, open an account, live, go etc. If someone’s account is deactivated because of any reason then an individual will not be able to even operate his account. So how is it justified without there being any alternative relief available to such persons?

“The Act says that all the expenditure should be from a consolidated fund, but it does not make clear which consolidated fund it is from, India or state?” he argued.

“The right to receive entitlement is also one point to be considered,” he said. “Entitlement is one’s status. So in case of our status we don’t need Aadhaar to claim our right? Certain entitlements are available to non citizens also. No service can be denied, especially to those who are below the poverty line.

“This statute impacts our fundamental right i.e. right to livelihood. That is why the test is far more stringent,” Sibal said. Proof of identification is a statutory restriction.

He said the infrastructure of this country doesn’t allow Aadhaar. “There is no public wi-fi. Many people don’t know how to use the internet and other facilities,” he said. He brought up the case of the Kerala Education Trust which supports his arguments related to use of Aadhaar in educational areas.

He also said that fingerprints and the iris are continuously changing when a child is growing. So during the in-between years Aadhaar is of no use.

Justice Chandrachud said that “an unconstitutional condition is when one person is surrendering the rights of his personal things or identity. The government is chosen by the public at large.”

Sibal said that the entitlement is made on the person who is a citizen of this country. “I don’t have any issue with Aadhaar, but lack of infrastructure is the biggest problem and taking all personal identity is the problem. You can give it in the name of Social Security Card, but on the name of Aadhaar, it is not good.”

Justice Chandrachud asked where the doctrine of Unconstitutional conditions really lies in this. Does it ask to relinquish the condition which is created?”

The judge said: “There are some people in this country who don’t have any identity. When the government is giving one identity for all things, then what is the issue?”

Sibal said that this is given in the act. That is the social purpose of this. He referred to the act and said the answer is in the act. He said “you must have some identification cards for making Aadhaar. Hence the intention of Aadhaar is not for those people who don’t have any identity card.”

As to the distance things have been taken with Aadhaar, Sibal said: “I cannot book a railway ticket if I don’t have Aadhaar. The point is, my identity refers to me. If I show my identity it must show that I am Mr Sibal. Identity is the thing which proves that I am who I am.”

He then referred to the writ petition 841/2017 which is related to the state of West Bengal. Page 114 of the petition refers to the services rendered via Aadhaar.

He said that the government is issuing notifications from time to time. On November 17, they have issued a notification in which school attendance came on this list. He referred to the Minarva Mills case.

Sibal said: “I gave all these things to create a picture which shows that it hasn’t any constitutional validity.”

“Perhaps this is the more important case, because of the imposition,” Sibal said. The ADM Jabalpur case came before this court and this case will be remembered by me, my children and grandchildren. Now you are going to create a future. This judgment will affect many people. These are the elements your lordships have to keep in mind.

Gopal Subramanium

Senior counsel Gopal Subramanium then took up his stand. He said: “This matter is related to a sequel of saving our rights. When the Right to Privacy came before this court, the question arose. Today, we are looking at what is called a living constitution. When we see this, then we have to decide, is it fundamental or not?

“I am willing to say that the technology is getting vast. He said. “First we have to see what is the real purpose of this act. This act is a danger. It is no longer a state when it allows these type of things in a democratic society. When the identification and authentication lies with government then there is no use of a real person. Then the name is not the name, it will just be a number. And the virtual person will rule.”

The matter will again be heard on February 15.

India News

BJP releases first list of 47 candidates for Kerala assembly polls

The BJP has released its first list of 47 candidates for the Kerala Assembly elections scheduled for April 9, including three former Union ministers.

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BJP releases list of candidates

The Bharatiya Janata Party (BJP) on Monday released its first list of 47 candidates for the upcoming Kerala Assembly elections scheduled for April 9.

Voting will take place for all 140 seats in the state assembly, with counting of votes scheduled for May 4. A party or coalition needs at least 70 seats to secure a majority in the House.

Among the candidates announced in the first list are three former Union ministers — Rajeev Chandrasekhar, V. Muraleedharan and George Kurian.

Key candidates announced

Kerala BJP chief and former Union minister Rajeev Chandrasekhar has been fielded from the Nemom assembly constituency. In the 2024 Lok Sabha election, Chandrasekhar lost the Thiruvananthapuram seat to three-time MP Shashi Tharoor, but he led in the Nemom assembly segment during that contest. The party believes this performance strengthens its prospects in the constituency.

Nemom has held political significance for the BJP since 2016, when senior leader O. Rajagopal won the seat and became the party’s first-ever MLA in the 140-member Kerala Legislative Assembly. The victory marked the BJP’s initial breakthrough in the state assembly.

However, the seat returned to the Left camp in the 2021 Assembly election when V. Sivankutty defeated BJP leader Kummanam Rajasekharan.

Former Union minister V. Muraleedharan will contest from the Kazhakoottam constituency, while George Kurian has been nominated from Kanjirappally.

Other candidates in the list

According to the list released by the party, several other candidates have also been announced for key constituencies. P. C. George will contest from Poonjar, R. Sreelekha from Vattiyoorkavu and Padmaja Venugopal from Thrissur.

The BJP has also nominated Sobha Surendran from Palakkad, Navya Haridas from Kozhikode North and Kavitha K. S. from Sulthanbathery, a reserved constituency.

Raji Prasad will contest from the Kunnathur seat reserved for Scheduled Castes, while R. Rashmi has been fielded from Kottarakkara.

Political backdrop in Kerala

Kerala’s electoral politics has traditionally alternated between the Left Democratic Front (LDF) and the Congress-led United Democratic Front (UDF). However, the BJP has been attempting to expand its presence in the state.

The alternating trend was interrupted in the 2021 Assembly election when the electorate returned the Pinarayi Vijayan-led government to power for a second consecutive term.

The BJP believes recent electoral performances and local body successes have strengthened its position as it prepares to contest the upcoming assembly polls.

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India News

Fire in ICU at SCB medical college hospital in Cuttack kills 10 patients

Ten patients died after a fire broke out in the trauma ICU at SCB medical college hospital in Cuttack early Monday morning. Odisha Chief Minister Mohan Charan Majhi announced compensation and ordered a judicial probe.

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A major fire at the trauma care intensive care unit (ICU) of SCB Medical College and Hospital in Cuttack, Odisha, early Monday morning left ten patients dead and several hospital staff members injured.

According to officials, the fire broke out between 2:30 am and 3:00 am in the trauma ICU where critically ill patients were undergoing treatment. Emergency teams rushed to the scene soon after the incident, and multiple fire engines were deployed to control the blaze and assist in rescue operations.

Odisha Chief Minister Mohan Charan Majhi said hospital staff were injured while evacuating patients from the affected ward during the emergency.

Patients shifted as rescue operations continued

Following the fire, 23 patients were moved to other departments and wards within the hospital to ensure their safety and continued medical care.

Speaking to reporters, the Chief Minister said seven critically ill patients died while being shifted to other ICUs and wards, while three more succumbed later.

“A total of 23 patients have been shifted to other departments. Seven serious patients died while shifting to other ICUs and wards, while another three patients died later. I have directed the concerned officers for proper treatment of the injured patients,” Majhi said.

Chief minister visits hospital, announces compensation

Soon after the incident, Majhi visited the hospital along with Odisha Health Minister Mukesh Mahaling to review the situation. They also met patients who were undergoing treatment at the facility.

The Chief Minister announced financial assistance of ₹25 lakh for the families of each deceased patient.

He also ordered a judicial probe into the incident to determine the cause of the fire and examine safety measures at the hospital.

Authorities continue to monitor the condition of injured staff members and patients who were shifted from the ICU.

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Arvind Kejriwal moves Supreme Court against Delhi High Court order in excise policy case

Arvind Kejriwal has approached the Supreme Court challenging a Delhi High Court order related to proceedings in the excise policy case and alleging violation of his fundamental rights.

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Arvind Kejriwal

Aam Aadmi Party chief and former Delhi Chief Minister Arvind Kejriwal has approached the Supreme Court of India challenging certain proceedings in the Delhi excise policy case and alleging a violation of his fundamental rights.

In a petition filed under Article 32 of the Constitution, Kejriwal has questioned a decision of the Delhi High Court that put a freeze on remarks related to the investigation conducted by the Central Bureau of Investigation.

The petition also challenges an order of the High Court Chief Justice rejecting Kejriwal’s request to transfer the case to another bench.

Plea seeks change of bench

Earlier, on March 11, Kejriwal and several others submitted a representation to Delhi High Court Chief Justice Devendra Kumar Upadhyaya seeking reassignment of the case to what they described as an “impartial” judge.

In the representation, Kejriwal stated that he had a “grave, bona fide and reasonable apprehension” that the matter may not receive an impartial hearing before the current bench.

However, the Chief Justice declined the request and said the petition had been assigned as per the existing roster.

According to the communication sent by the High Court’s Registrar General on March 13 to eight individuals including Kejriwal, the Chief Justice noted that any decision on recusal must be taken by the judge hearing the matter and that there was no reason to transfer the petition administratively.

Order on trial court proceedings also challenged

Kejriwal has also challenged a March 9 order passed by Justice Swarana Kanta Sharma of the Delhi High Court.

In that order, Justice Sharma had stayed a trial court direction that called for an investigation into a CBI officer who handled the excise policy case. The High Court had also asked the trial court to defer proceedings connected to the anti-money laundering aspect of the case.

Justice Sharma had further rejected certain observations made by the trial court while discharging Kejriwal and 22 others, stating that some of those remarks were erroneous.

Hearing expected on CBI plea

Meanwhile, Justice Sharma is scheduled to hear a petition filed by the CBI challenging the discharge of Kejriwal, former Delhi Deputy Chief Minister Manish Sisodia and others in the excise policy case.

The matter remains under judicial consideration as the legal challenge now moves to the Supreme Court.

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