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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

Asish Banerjee found dead in Rampurhat, Mamata Banerjee aide’s death shocks TMC

Former West Bengal deputy speaker and five-time Rampurhat MLA Asish Banerjee was found dead at a Trinamool Congress office in Birbhum.

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Mamata Banerjee

Former West Bengal Assembly deputy speaker and Trinamool Congress leader Asish Banerjee was found dead at a party office next to his residence in Rampurhat, Birbhum district, on Sunday morning.

Police said his body was found hanging and was sent for postmortem. A large crowd gathered outside the Trinamool Congress office after news of his death spread.

Who was Asish Banerjee?

Asish Banerjee had served as the deputy speaker of the West Bengal Assembly when Trinamool Congress chief Mamata Banerjee was the state’s chief minister. He was also a five-time MLA from Rampurhat.

He had served as Bengal’s education and agriculture minister after Mamata Banerjee’s Trinamool Congress first came to power in the state.

Banerjee contested the West Bengal Assembly election earlier this year but lost the Rampurhat seat to BJP’s Dhruba Saha.

Asish Banerjee’s recent party role

Banerjee stepped down as chairman of the Trinamool Congress’s Birbhum district core committee in June. At the time, he said he would continue as a general member of the party.

He lived in the Hattalapara neighbourhood of Rampurhat, with the party office where his body was found located next to his house.

BJP gains in Birbhum

The BJP won six of the 11 Assembly constituencies in Birbhum in the latest state election. This marked a significant change from 2021, when the Trinamool Congress had won 10 seats in the district while the BJP had secured one.

Police have sent Asish Banerjee’s body for postmortem as the circumstances surrounding his death are being investigated.

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India News

IPS Officer Nupur Prasad gets Medal for Meritorious Service after Sushant Singh Rajput probe

IPS officer Nupur Prasad, who led the CBI investigation into Sushant Singh Rajput’s death, has been selected for the Medal for Meritorious Service this year.

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IPS officer Nupur Prasad, who led the CBI investigation into actor Sushant Singh Rajput’s death, has been recognised with the Medal for Meritorious Service (MSM) this year.

A 2007-batch AGMUT cadre officer, Ms Prasad recently returned to the Delhi Police after completing her tenure with the CBI. She is currently serving as Joint Commissioner of Police in the Economic Offences Wing (EOW), where she oversees investigations involving financial and economic crimes.

The award is part of this year’s recognition for police personnel for distinguished and meritorious service. Such honours recognise contributions in areas including investigation, crime prevention, public service, law and order and administration.

Nupur Prasad’s role in Sushant Singh Rajput case

Ms Prasad came into national focus during the CBI investigation into the death of Sushant Singh Rajput, who was found dead at his Mumbai residence on June 14, 2020.

The case was transferred to the CBI in August 2020 following a complaint by the actor’s family and a legal dispute over jurisdiction.

During her tenure with the agency, Ms Prasad supervised key aspects of the investigation, including the examination of witness statements, forensic evidence and medical records.

In 2025, the CBI filed closure reports, saying its investigation found no evidence of foul play, abetment to suicide or criminal conspiracy in the actor’s death.

Career across Delhi Police, CBI

Ms Prasad has served in several positions during her career, including assignments in the Delhi Police, CBI, Arunachal Pradesh and West Bengal.

Before joining the CBI, she held senior positions in the Delhi Police and became the first Deputy Commissioner of Police (DCP) of Shahdara. During her tenure, she worked on establishing the district’s policing framework following its creation.

She also led operations targeting drug networks and illegal gambling activities while focusing on crime-prevention measures.

Later, as DCP of North Delhi, she oversaw security arrangements for major events, including Independence Day celebrations at the Red Fort and Delhi University elections.

Community-focused policing initiatives

Beyond investigations, Ms Prasad has been associated with community-focused programmes involving women’s self-defence, youth development, cyber safety and drug de-addiction.

During her CBI tenure, she was also associated with several prominent investigations. Media reports have linked her to cases concerning businessman Vijay Mallya and the AgustaWestland helicopter deal.

Current role in Delhi Police

After completing her assignment with the CBI, Ms Prasad returned to the Delhi Police and took charge as Joint Commissioner of Police in the Economic Offences Wing.

The latest recognition adds to her career spanning investigations, policing and public service across several challenging assignments.

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India News

Kharge, Rahul Gandhi skip Independence Day event for 2nd straight year

Congress chief Mallikarjun Kharge and Rahul Gandhi skipped the 80th Independence Day celebrations at the Red Fort for the second consecutive year.

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Rahul Kharge

Congress president Mallikarjun Kharge and Leader of Opposition in the Lok Sabha Rahul Gandhi skipped the 80th Independence Day celebrations at Delhi’s Red Fort for the second consecutive year.

Prime Minister Narendra Modi led the Independence Day celebrations at the historic venue on Saturday.

The absence of the two senior Congress leaders comes amid strained relations between the ruling party and the Opposition, which further deteriorated during the Monsoon Session of Parliament that concluded on Thursday.

2024 seating controversy

Rahul Gandhi had attended the Independence Day celebrations in 2024 but his seating arrangement triggered a controversy. The Congress leader, who holds the status of a Cabinet minister as Leader of the Opposition in the Lok Sabha, was seated in the second-last row during the ceremony at the Red Fort.

The Opposition had criticised the seating arrangement, calling it an insult to the people. The Defence Ministry, which organised the event, said the arrangement had been modified to accommodate Olympians at the venue.

According to protocol, the Leader of the Opposition is seated in the front row during ceremonial events.

Opposition-ruling party tensions

Relations between the government and the Opposition remained tense during the Monsoon Session, which ended on Thursday.

The session saw repeated clashes between the two sides, with both the Opposition and the ruling party blaming each other for the low productivity of Parliament.

The session began on July 20, with students marching towards Parliament on the first day. Twelve bills were passed during the session, while detailed discussion took place on only one legislation, concerning paper leaks.

The Congress, along with the Trinamool Congress and Samajwadi Party, also boycotted the customary tea party hosted by Lok Sabha Speaker Om Birla after the House was adjourned sine die.

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