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Supreme Court rules 4-1 Aadhaar as constitutionally valid, but not required for everything

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Supreme Court rules 4-1 Aadhaar as constitutionally valid, but not required for everything

In a long awaited judgment, the Supreme Court in 4-1 verdict on Wednesday, September 26, declared the Centre’s Aadhaar scheme, that uses biometric data to generate 12-digit unique identification numbers for citizens, as constitutionally valid even as it struck down some the provisions that made it mandatory to link it with bank accounts and mobile phones.

A five-judge bench headed by Chief Justice Dipak Misra held that while Aadhaar would remain mandatory for filing of income tax returns (ITR) and allotment of Permanent Account Number (PAN), it would not be mandatory to link Aadhaar to bank accounts and telecom service providers cannot seek its linking of Aadhaar for mobile connections.

The top court also held that Aadhaar would not be mandatory for school admissions. It would also not be mandatory examinations conducted by the Central Board of Secondary Examination (CBSE), National Eligibility cum Entrance Test (NEET) for medical entrance and the University Grants Commission (UGC), the court ruled.

The top court also struck down the national security exception under the Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act, 2016. It said Aadhaar is meant to help the benefits reach the marginalised sections of society and takes into account the dignity of people not only from personal but also community point of view.

The top court said Aadhaar is serving a much bigger public interest. Aadhaar means unique and it is better to be unique than being best.

Three sets of judgments were pronounced in the matter. The first of the three verdicts was pronounced by Justice AK Sikri who wrote the judgment for himself, CJI and Justice AM Khanwilkar.

Justice Chandrachud and Justice Ashok Bhushan, who are part of the bench have written their own judgments. Justice DY Chandrachud dissented, and Justice Ashok Bhushan concurred with the majority judgment.

Delivering the majority opinion of the five-judge Constitution bench, Chief Justice Dipak Misra, Justice Arjan Kumar Sikri and Justice AM Khanwilkar said there was a “sufficient defence mechanism” for authentication in the scheme.

The judges said there was nothing in the Aadhaar Act that violates a person’s right to privacy. It also upheld the passing of the Aadhaar Bill as a Money Bill by the Lok Sabha.

Justice Sikri, reading out the majority verdict, struck down Section 57 of the Aadhaar Act which permits private entities to avail Aadhaar data and ruled that Aadhaar authentication data cannot be stored for more than six months. It directed the government not to give Aadhaar to illegal immigrants.

He said the attack on Aadhaar by petitioners was based on violation of rights under the Constitution, which they felt will lead to a surveillance State.

Observing that there has been minimal demographic and biometric data collected by UIDAI for Aadhaar enrolment, Justice Sikri said unique identification proof also empowered and gave identity to marginalised sections of society.

There is no possibility of obtaining a duplicate Aadhaar card, he said, adding there is sufficient defence mechanism for authentication in Aadhaar scheme.

The concept of human dignity has been enlarged in the judgement, he said.

Aadhaar means unique, and it’s better to be unique than being the best, the court said. It struck down the national security exception in the Aadhaar Act, the scheme’s enabling law, as well as Section 57 of the Act, which permits private entities to avail Aadhaar data.

The court said it wasn’t mandatory to link Aadhaar to bank accounts or mobile numbers, but that that the identification was compulsory for the filing of I-T returns and for the allotment of Permanent Account Numbers (PAN).

It said no child can be denied benefits of any schemes if he or she can’t produce an Aadhaar number. The CBSE, the NEET, and the UGC can’t make Aadhaar mandatory, and the scheme isn’t compulsory for school admissions, the court said.

The court also directed the government not to give illegal immigrants Aadhaar.

The Constitution bench had reserved its verdict on May 10. It heard petitions challenging Aadhaar’s constitutional validity on grounds that it violated the fundamental right to privacy. Last year, a nine-judge Constitution bench of the Supreme Court held that privacy was a fundamental right.

Today’s verdict concludes a 38-day hearing held over four-and-half months, the second-longest oral hearing in history, and concerns a programme that already covers more than 122 crore Indians. A number of services, such as government welfare schemes, require Aadhaar authentification.

Key points in the dissenting judgment of Justice DY Chandrachud:

The passing of Aadhaar Bill as a money bill was a subterfuge. Superseding Rajya Sabha to pass the Aadhaar Bill is a fraud to the Constitution.

Justice Chandrachud said Article 110 has specific grounds for Money Bill and Aadhaar law went beyond these grounds. It may have been politically expedient for the ruling party in power to bring Aadhaar Act as Money Bill. But it amounted to debasement of constitutional authorities, he observes.

Justice Chandrachud said individuals cannot be asked to wait upon the vicissitudes of algorithms. He said authentication data can only be retained for six months.

He warned leakage from central database will pave way for surveillance. UIDAI has no accountability/responsibility for storage or leakage of data, he said.

Certain provisions lead to invasion of biological attributes. Differing with the majority judgment on Aadhaar giving dignity of marginalised, he said, “One right cannot take away another. Dignity to the marginalised cannot do away with right of a person to bodily autonomy.”

Constitutional guarantees cannot be left to risks posed by technological advancements

Absence of independent regulatory framework compromises data protection therefore Aadhaar does not pass the constitutionality test under Article 14

“Aadhaar negates pluralistic identities and reduces a person to just 12 digits,” he says.

Justice Chandrachud also raps Central government for insisting on Aadhaar for several schemes despite the Supreme Court repeatedly saying it is not mandatory in various rulings.

With this, Justice Chandrachud strikes down the validity of Aadhaar.

Justice Ashok Bhushan in his judgment he concurred with the majority judgment, except on three aspects.

In the name of Aadhaar, rightful beneficiaries should not be denied services, subsidies, or benefits, Justice Bhushan said.

He said the Lok Sabha Speaker’s decision to pass a Bill as Money Bill is amenable to judicial review.

Justice Bhushan said no material was placed before the Supreme Court to indicate that there has been considerable denial of benefits of subsidies to deserving persons.

He also said that biometric data contains certain personal information of citizens and the breach, if any, has to be ascertained.

Highlights of the verdict:

  1. Aadhaar mandatory for filing of IT returns and allotment of Permanent Account Number, says SC
  2. SC says not mandatory to link Aadhaar to bank accounts
  3. Aadhaar not needed for mobile connections. Telecom service providers can’t seek linking of Aadhaar, says SC
  4. SC says nothing in Aadhaar Act that violates right to privacy of individual
  5. SC upholds passing of Aadhaar Bill as Money Bill by Lok Sabha
  6. SC says no child can be denied benefits of any schemes on not being able to bring their Aadhaar number
  7. SC directs government not to give Aadhaar to illegal immigrants
  8. CBSE, NEET, UGC cannot make Aadhaar mandatory, also not compulsory for school admissions: SC
  9. Aadhaar authentication data cannot be stored for more than six months: SC
  10. SC Constitution Bench strikes down the National security exception under the Aadhaar Act
  11. Section 57 of Aadhaar Act permitting private entities to avail Aadhaar data struck down
  12. Robust data protection regime has to be brought in place as early as possible, says Justice Sikri in majority verdict
  13. There is sufficient defence mechanism for authentication in Aadhaar scheme: Justice Sikri
  14. The concept of human dignity has been enlarged in the judgement, says Justice Sikri
  15. SC declares Aadhaar scheme as Constitutionally valid
  16. There is no possibility of obtaining a duplicate Aadhaar card: Justice Sikri
  17. It is better to be unique than being best; Aadhaar means Unique: SC
  18. SC says there has been minimal demographic and biometric data collected by UIDAI for Aadhaar enrolment
  19. Unique identification proof also empowers and gives identity to marginalised sections of society, says SC

Read the Full Judgment here

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Delhi deploys 25,000 personnel, installs CCTV cameras ahead of CJP march

More than 25,000 police and paramilitary personnel have been deployed in Delhi ahead of the CJP’s planned protest march at Connaught Place. Authorities have also imposed restrictions and stepped up CCTV surveillance.

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Delhi has stepped up security ahead of a planned protest march by the Cockroach Janta Party (CJP), with more than 25,000 police and paramilitary personnel deployed and additional surveillance measures introduced in parts of the national capital.

The planned “Lehra Do Tiranga” march is scheduled to take place at Central Park in Connaught Place on Friday, October 16. Authorities have also imposed prohibitory orders in Connaught Place and surrounding areas as part of the security arrangements.

Security tightened across Connaught Place

The security arrangements include the deployment of police and paramilitary personnel, along with the installation of additional CCTV cameras at Central Park and Rajiv Chowk Metro Station.

Prohibitory orders have been imposed under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in Connaught Place and nearby areas. Central Park is also scheduled to remain closed for two days, with authorities advising the public to avoid the area during the arrangements.

A high-level meeting chaired by Delhi Police Commissioner Anurag Kumar, attended by senior police officers, was held on Thursday to review preparations ahead of the planned demonstration.

Why CJP is planning the march

The CJP has called the march to protest the arrest of its leaders Saurav Das and Ashutosh Ranka and to demand the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in voter rolls.

The party’s protest is centred on its allegations concerning the electoral roll revision process. These are the protesters’ claims and should not be treated as independently established findings.

With Jantar Mantar no longer designated as a protest site, Central Park in Connaught Place has emerged as the proposed location for the fresh demonstration. The protest has also received support from the Aam Aadmi Party and the All India Students’ Association, according to the report.

Traders raise concerns over business disruptions

The heightened security measures have also prompted concerns among traders in the area.

Traders at Palika Bazaar have expressed concern about disruptions during the festive season, pointing to losses associated with previous protests. The concerns reflect the potential impact of repeated demonstrations and security restrictions on commercial activity in central Delhi.

Delhi Police has said it will facilitate peaceful demonstrators selectively while maintaining public order and protecting property.

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Mallikarjun Kharge’s ‘Your Friends’ jab at Rahul Gandhi over congress exits

Congress president Mallikarjun Kharge took a dig at Rahul Gandhi after the Leader of the Opposition reportedly described former party leaders Jyotiraditya Scindia and Ghulam Nabi Azad as among those who had left the Congress.

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Congress president Mallikarjun Kharge made a pointed remark about former Congress leaders after Rahul Gandhi reportedly described some of those who left the party as people who had been driven by personal interests or fear. The exchange took place during an informal interaction involving young Congress workers, according to a report published on October 15.

Rahul Gandhi, the Leader of the Opposition in the Lok Sabha, reportedly referred to former Congress leaders Jyotiraditya Scindia and Ghulam Nabi Azad while discussing people who had left the party. Kharge responded with a quip that drew attention to Rahul Gandhi’s earlier association with the leaders.

What Rahul Gandhi said about leaders who left Congress

During the interaction, Rahul Gandhi reportedly said that the Congress was now left with committed workers, describing those who remained in the party as ‘babbar sher’ or lions. He alleged that people who were greedy or afraid had left, citing Scindia and Azad as examples.

His reported remarks referred to people who, he suggested, had left because of the attraction of positions and security or fear of investigative agencies such as the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI).

These were Rahul Gandhi’s political characterisations of the leaders who left the Congress, rather than independently established explanations for their departures.

Kharge’s response to Rahul Gandhi

Reacting to Rahul Gandhi’s account, Kharge remarked, “They were all your friends.”

The comment referred to the association Rahul Gandhi had previously shared with some of the leaders who later left the Congress. Rahul Gandhi responded by saying that his sister, Priyanka Gandhi Vadra, was present and knew that Scindia was not his friend.

He subsequently reflected on the difficulty of identifying friends and opponents in politics, saying that people who appear to be friends may not necessarily be so, and the reverse may also be true.

Why Jyotiraditya Scindia and Ghulam Nabi Azad were mentioned

Jyotiraditya Scindia left the Congress in 2020 and joined the Bharatiya Janata Party (BJP). His departure was followed by a political crisis in Madhya Pradesh that resulted in the fall of the Congress government led by Kamal Nath.

Ghulam Nabi Azad, a veteran Congress leader, resigned from the party in August 2022. In his resignation letter, he criticised Rahul Gandhi’s leadership and the functioning of the party’s internal decision-making process.

Both leaders subsequently became prominent examples in political discussions about senior figures leaving the Congress, although their reasons and circumstances differed.

Rahul Gandhi’s message to young Congress workers

The interaction also focused on protests and political mobilisation. Rahul Gandhi reportedly told young Congress workers that demonstrations and struggles were part of their political training and encouraged them to explore new and creative ways of protesting.

He also suggested holding protests at Jantar Mantar, according to the report.

Congress president Kharge and Priyanka Gandhi Vadra were present during the interaction. Rahul Gandhi also claimed that the government led by Prime Minister Narendra Modi was dependent on the next eight to 10 months, though the report did not establish this as an independently verified assessment.

The exchange between Kharge and Rahul Gandhi offered a glimpse into the Congress leadership’s informal discussions, while bringing the departures of Scindia and Azad back into the political conversation.

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Delhi Police offers 11-person limit for CJP’s Connaught Place protest

Delhi Police has offered to facilitate a group of 11 people at Central Park in Connaught Place for the Cockroach Janata Party’s October 16 protest, while warning that violations of prohibitory orders could invite legal action.

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CJP protest to continue

Delhi Police has proposed allowing a group of 11 people to carry the national flag and sing the national anthem at Central Park in Connaught Place on October 16, ahead of a protest called by the Cockroach Janata Party (CJP) over alleged electoral fraud.

The police said it could facilitate the group at a suitable place in the park, while appealing to the public not to join the proposed gathering in large numbers. The offer comes amid prohibitory orders in Connaught Place and adjoining areas under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

CJP founder Abhijeet Dipke has called on people to assemble at Central Park at 5 pm on Friday with the national flag. The proposed demonstration, named “Lehra Do Tiranga”, follows the detention of CJP members Saurav Das and Ashutosh Ranka during an earlier protest.

Why Delhi Police proposed limiting the gathering

In its statement, Delhi Police cited the prevailing security and law-and-order situation in the area. It also referred to information from the New Delhi Municipal Council (NDMC) that Central Park would remain closed on October 16 and 17 for administrative reasons.

Deputy Commissioner of Police Neha Yadav said the NDMC had informed the police about the closure and had asked that no gathering be allowed near the park.

The police also cited representations from trader and market associations in Connaught Place and surrounding areas. According to the police, the associations had raised concerns about unlawful assemblies and their impact on businesses, particularly during the festive season.

Police warned that violations of Section 163 BNSS would invite appropriate legal action. It also stressed that the national flag must be displayed and carried, and the national anthem sung, in the prescribed manner with due respect and dignity.

Delhi High Court declines to stop CJP protest

The proposed gathering reached the Delhi High Court after a vendor sought intervention over concerns about disruption to businesses and public movement in Connaught Place.

On Thursday, the court declined to restrain the CJP from holding the protest. It recorded the police’s assurance that all possible measures under the law would be taken to regulate the gathering and maintain peace.

The petition was filed by a vendor at Palika Bazar in Connaught Place, who raised concerns about the potential impact of the demonstration on traders and others working in the area.

Additional Solicitor General Chetan Sharma, appearing for the authorities, told the court that steps had already been taken to regulate the proposed protest.

CJP’s protest call follows detention of party members

Dipke’s October 16 protest call follows earlier demonstrations over alleged electoral fraud. CJP members Saurav Das and Ashutosh Ranka are in jail on trespass charges after raising the national flag at Jantar Mantar earlier this week, according to the report.

The party has been protesting over alleged electoral fraud and has raised questions about the Election Commission.

Dipke has urged people to gather at Central Park with the national flag, arguing that raising the Tricolour should not be treated as a crime.

The police’s proposal to facilitate a group of 11 people came as the authorities sought to prevent a larger gathering at the site. The CJP’s response to the police’s offer was still awaited in the report published on October 15.

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