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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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8 years ago

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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.

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Case registered against Mamata Banerjee over controversial 2025 religion remark

A formal police case has been registered against Trinamool Congress supremo Mamata Banerjee in Siliguri, West Bengal. The complaint alleges that her 2025 “Ganda Dharm” remark targeted Hinduism and hurt the religious sentiments of the community.

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1 hour ago

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May 27, 2026

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Mamata Banerjee

A formal police complaint has been lodged against Trinamool Congress (TMC) chief Mamata Banerjee in West Bengal’s Siliguri. The legal action stems from an alleged derogatory remark regarding Hinduism made during an Eid congregation in Kolkata in 2025.

The case was registered following a complaint filed by a local lawyer, Rinki Chatterjee, who alleged that the former Chief Minister’s comments deeply hurt the religious sentiments of Hindus globally.

Legal charges and complaint details

The police have invoked multiple sections under the Bharatiya Nyaya Sanhita (BNS) against Banerjee, including Section 351(1) for criminal intimidation, Section 352 for intentional insult with intent to provoke breach of peace, and Section 353 for promoting feelings of enmity, hatred, or ill will between different communities.

According to the complaint, the controversy traces back to an Eid event organized on Kolkata’s iconic Red Road in 2025. While delivering a speech targeting the Bharatiya Janata Party (BJP), Banerjee purportedly referred to the version of Hinduism championed by the political rival as “Ganda Dharm” (filthy religion).

Chatterjee stated in her complaint that labeling Sanatan Dharma in such a manner at a religious gathering was “absolutely unacceptable”. The complainant also pointed to other instances where senior TMC leaders allegedly targeted Hinduism, adding that Banerjee made indirect threats to the Hindu community during the 2026 West Bengal Assembly election campaign to influence voters through intimidation.

Political responses to the FIR

The reported statements had previously drawn sharp criticism from the state BJP leadership last year, including strong objections from current Chief Minister Suvendu Adhikari. However, this FIR represents the first formal legal action taken regarding the speech.

When approached for a response, Atri Sharma, a lawyer and general secretary of the TMC’s Darjeeling unit, declined to comment officially as a party spokesperson. However, he noted that many within the party internal circles found the remarks inappropriate at the time they were spoken. Sharma acknowledged that holding a high public office required restraint and affirmed that every individual holds the moral right to pursue legal remedies.

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Enforcement Directorate raids former Kerala Chief Minister Pinarayi Vijayan’s residence in money laundering probe

The Enforcement Directorate on Wednesday carried out searches at the Thiruvananthapuram residence of former Kerala Chief Minister Pinarayi Vijayan and 11 other locations in connection with a money-laundering probe registered in 2024.

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2 hours ago

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May 27, 2026

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The Enforcement Directorate on Wednesday conducted extensive searches at the Thiruvananthapuram residence of former Kerala Chief Minister Pinarayi Vijayan. The action comes as part of an ongoing money-laundering investigation, with the central probe agency executing simultaneous raids at 12 separate locations across the state under the Prevention of Money Laundering Act (PMLA).

Broad Crackdown in Financial Probe

The central agency’s operations focused significantly on Vijayan’s rented residence in the state capital, alongside eleven other locations, including premises in Kochi, Kozhikode, Kannur, and Bengaluru. This major enforcement action was initiated shortly after the Kerala High Court dismissed a petition on Tuesday, which had been filed by Cochin Minerals And Rutile Ltd (CMRL) seeking to quash the ongoing ED proceedings.

The roots of the financial investigation trace back to a PMLA case registered in 2024. The core allegation involves an estimated illegal payment of ₹1.72 crore made between 2017 and 2019 by a private entity, Cochin Minerals And Rutile Ltd (CMRL), to Exalogic Solutions, an IT firm owned by Vijayan’s daughter, T Veena.

According to investigators, the financial transactions took place despite the IT firm allegedly rendering no services to the private company. Apart from the financial probe agency’s scrutiny, the Serious Fraud Investigation Office (SFIO) is also independently conducting an inquiry into the wider financial transactions of the matter.

Political Developments

The searches also covered locations linked to other political and executive figures associated with the matter, including premises connected to senior CMRL executives. While the ruling party has previously described the investigations as politically motivated, the central agency has intensified its probe following the high court’s refusal to grant interim relief to the private firm. The case has sparked intense political debate, with opposition parties using the findings to allege financial irregularities, while local party leaders maintain that the transactions were part of a legitimate business arrangement.

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IPL 2026 Qualifier 1: Rajat Patidar, Virat Kohli shatter playoff records as RCB crush GT to reach final

Defending champions Royal Challengers Bengaluru advanced to their second consecutive IPL final after a historic 92-run demolition of Gujarat Titans in Qualifier 1, powered by Rajat Patidar’s breathtaking 93*

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2 hours ago

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May 27, 2026

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Defending champions Royal Challengers Bengaluru (RCB) created history in the Indian Premier League (IPL) 2026 Qualifier 1 against Gujarat Titans (GT), sealing their spot in a second consecutive final with a clinical 92-run victory on Tuesday.

Riding on captain Rajat Patidar’s blistering, unbeaten 93 off just 33 balls, Bengaluru piled up a colossal 254 for 5 in their 20 overs after being asked to bat first at the scenic Dharamsala stadium. The monumental total surpassed the previous playoff benchmark of 233 for 3, set by GT against Mumbai Indians in 2023, making it the highest-ever score in IPL playoff history. In response, a ruthless RCB bowling assault dismantled the Gujarat Titans batting line-up, bowling them out for 162 in 19.3 overs.

Patidar blitzkrieg anchors historic RCB innings

After GT skipper Shubman Gill won the toss and opted to field, RCB’s top order asserted early dominance by racing to 76 for 1 within the powerplay. Venkatesh Iyer provided a quickfire 19 off seven balls, while Devdutt Padikkal struck 30 off 19 deliveries to set a brisk tempo.

The foundation allowed Virat Kohli to maintain the middle-order momentum with a fluent 43 off 25 balls. With this knock, Kohli carved out another historic milestone, becoming the first player in IPL history to accumulate over 600 runs in four consecutive seasons. Jason Holder briefly checked RCB’s charge by removing both Kohli and Padikkal in the 10th over to leave them at 99 for 3.

However, skipper Rajat Patidar took complete control from there on. Surviving two dropped catches early on, Patidar launched a brutal counter-attack, smashing five fours and nine towering sixes at an astonishing strike rate of 281.81. He combined forces with Krunal Pandya, who played a crucial anchoring role with 43 off 28 balls, putting together a blistering 90-run partnership. Patidar turned particularly merciless in the death overs, hammering a massive over from Kulwant Khejroliya as RCB finished their death overs on an absolute high.

Gujarat Titans collapse under scoreboard pressure

Faced with a steep mountain to climb, the Gujarat Titans chase imploded right from the start, losing five wickets inside the powerplay against a lethal pace battery. Openers Sai Sudharsan and skipper Shubman Gill were dismissed in the third and fourth overs respectively.

Sudharsan, the tournament’s leading run-scorer, suffered a bizarre and unfortunate dismissal when his bat slipped during a cut shot, knocking back his own stumps to be out hit-wicket off Jacob Duffy. Gill followed shortly after, cleaned up by an excellent delivery from Bhuvneshwar Kumar.

Jos Buttler offered a brief, aggressive resistance by hitting four boundaries and two sixes in a quick 29, but Australian pacer Josh Hazlewood exacted quick revenge by clean-bowling him in the fifth over. From a precarious position, the Titans slipped further as Jacob Duffy tore through the middle order, dismissing Washington Sundar and Rashid Khan.

Rahul Tewatia was the lone warrior for the Titans, waging a solitary battle to smash a fighting 68. His aggressive hitting brought up the team’s hundred in the 13th over and dragged the side past the 150-mark. However, the target proved far too distant. Krunal Pandya claimed the final wicket in the final over, dismissing GT’s tailender Mohammed Siraj—who was caught by Tim David—to bundle out GT for 162, securing the second-largest victory margin in IPL playoff history for RCB.

While RCB marches straight into the grand finale with ultimate momentum, Gujarat Titans remain alive in the tournament. They will get another opportunity to reach the final when they play the winner of the Eliminator clash between Sunrisers Hyderabad and Rajasthan Royals in Qualifier 2.

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