Aadhaar Programme Will Hollow Out Constitution: Petitioners To Top Court

Agencies
January 18, 2018

New Delhi, Jan 18:  Terming Aadhaar as "an electronic leash", a senior lawyer on Wednesday told the Supreme Court that the government could completely destroy an individual by "switching off" the 12-digit unique identifier number.

The argument was made before a five-judge Constititution bench headed by Chief Justice Dipak Misra which commenced hearing on a batch of petitions challenging the constitutional validity of the government's flagship Aadhaar programme and its enabling Act of 2016.

However, the bench, also comprising Justices AK Sikri, AM Khanwilkar, DY Chandrachud and Ashok Bhushan, countered senior advocate Shyam Divan, asking whether the state "cannot say that it has every right to find out the number of schools, children or the real beneficiaries of a welfare scheme and verify the real beneficiaries of huge funds which it is spending, it needs Aadhaar number. This is a valid argument."

It posed whether the government does not have the right to say that it was spending crores of rupees on welfare schemes and needed to verify whether benefits reached the needy and the leakages or pilferage of resources stopped.

The bench also asked what will happen to the biometric data collected before the Aadhaar Act, 2016 -- whether they will be destroyed if the petitioners challenging the validity of the Aadhaar programme succeeded.

Mr Divan, who opened arguments on behalf of petitioners, said that through a succession of "marketing stratagems" and by employing "smoke and mirrors", the government has rolled out a "little understood" programme that seeks to "tether every resident of India to an electronic leash".

"This leash is connected to a central database that is designed to track transactions across the life of the citizen. This record will enable the State to profile citizens, track their movements, assess their habits and silently influence their behaviour. Over time, the profiling enables the State to stifle dissent and influence political decision making," he argued.

Mr Divan said that "the State is empowered with a 'switch' by which it can cause the civil death of an individual. Where every basic facility is linked to Aadhaar and one cannot live in society without an Aadhaar number, the switching off of Aadhaar completely destroys the individual."

He said the petitioners are certain that if the Aadhaar Act and the programme were allowed to operate "unimpeded", it would "hollow out" the Constitution, particularly the great rights and liberties it has assured to its citizens.

Mr Divan is representing several petitioners like former Karnataka High Court judge Justice KS Puttaswamy, several activists Aruna Roy, Shantha Sinha and veteran CPI(M) leader VS Achuthanandan.

Mr Divan, who argued through the day and would continue his submissions tomorrow, said "a person cannot avail the facility of a welfare scheme, if the finger prints do not match the templates set by UIDAI," he said, adding that for seven years, biometric data of individuals were collected without any legal framework but only on executive orders.

Moreover, over three crore citizens have not been able to register their biometric data, he said and asked how can the government exclude such a big part of the population who could not be registered without any fault on their part, from availing benefits.

Mr Divan contended that at its core, Aadhaar alters the relationship between the citizen and the State and diminishes the status of the citizen.

Observing that the case at hand was unique as the programme was itself without any precedent, the senior lawyer said "no democratic society has adopted a programme that is similar in its command and sweep. There are few judicial precedents to guide us. The closest foreign cases have all been decided in favour of the citizens, repelling the invasive programmes by the State."

He said this case was about a new technology that the government has sought to deploy and a new architecture of governance has been built on this technology.

A people's Constitution will transform into a State Constitution, Mr Divan said and asked whether the Constitution allowed the State to embrace this new programme or whether the key document repudiates "the giant electronic mesh that Aadhaar was creating."

He also expressed concern over extending the Aadhaar platform to private corporations, the degree of tracking and extent of profiling will "exponentially increase".

"Rights freely exercised, liberties freely enjoyed, entitlements granted by the Constitution and laws are all made conditional. Conditional on a compulsory barter. The barter compels the citizen to give up her biometrics 'voluntarily', allow her biometrics and demographic information to be stored by the State and private operators and then used for a process termed as 'authentication'," he said.

Mr Divan said the Constitution balances rights of an individual against the State interest and "Aadhaar completely upsets this balance and skews the relationship between the citizen and the State...".

"The Constitution is not a charter of servitude. Aadhaar, if allowed to roll out unimpeded reduces citizens to servitude," Mr Divan said.

Just before the end of the hearing, he said that if Aadhaar Act is upheld, then in the alternative, no citizen should be deprived of any right or benefit for lack of an Aadhaar card.

The top court had on December 15 last year extended till March 31 the deadline for mandatory linking of Aadhaar with various services and welfare schemes of all ministries and departments of the Centre, states and union territories.

A nine-judge constitution bench of the top court had last year, held that Right to Privacy was a Fundamental Right under the Constitution. Several petitioners challenging the validity of Aadhaar had claimed it violated privacy rights.

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Agencies
January 16,2020

New Delhi, Jan 16: In trouble brewing for the Gautam Adani-led M/S Adani Enterprises, the Central Bureau of Investigation (CBI) on Thursday said that it has registered a case against former officials of the National Co-operative Consumer Federation (NCCF) and others over alleged irregularities in supply of coal to the Andhra Pradesh Power Generation Corporation (APGENCO) in 2010.

The CBI in its FIR has named Virendra Singh, the then Chairman of the NCCF, G P Gupta, the then MD of the NCCF, S C Singhal, the then Senior Advisor of NCCF, Adani Enterprises Ltd and other unknown public servants and others for criminal conspiracy, cheating and criminal misconduct by public servants.

According to CBI, the case was filed on Wednesday after the preliminary enquiry revealed the crime by the officials named in the FIR and the Adani Enterprises was found to be true.

The FIR alleged that on June 26, 2010, APGENCO floated a tender enquiry for supply of six lakh metric tonnes of imported coal "on free on rail destination" basis to Dr Narla Tata Rao Thermal Station (NTTPS), Vijaywada and Rayalasaleema Thermal Power Plant (RTTP), Kadapa, Andhra Pradesh/RTPP via Kakinada-Vizag-Chennai-Krishnapatnam or any other ports

The same was forwarded by the Chief Engineer, APGENCO to seven PSUs -- PEC Limited, STC Limited, MSTC Limited, NCCF, MMTC, Coal India Limited and SCCL Limited.

The FIR alleged that during the probe, the Adani Enterprises used a proxy company to get the supply contract. It said, "NCCF received bids from six companies -- Adani Enterprises Ltd, Maheshwari Brothers Coal Limited (MBCL), Vyom Trade Links Pvt. Ltd, Swarana Projects Pvt. Ltd, Gupta Coal India Ltd and Kyori Oremen Ltd.

During investigation it was found that Gupta Coal India Ltd had quoted the NCCF margin of 11.3 percent, while the MBCL quoted the margin of 2.25 percent and rest did not quote any margin to the NCCF.

The FIR said the quotes of the Gupta Coal India Ltd, Kyori Oremen Ltd and Swarana Projects Pvt. Ltd were rejected by the NCCF as they were not found to be fulfilling the tender conditions.

"Post tender negotiation was done by senior officials of NCCF to give undue favour to Adani Enterprises Ltd despite it not qualifing the tender (terms)," the FIR said, adding instead of cancelling the bid of Adani Enterprise Ltd, senior management of NCCF conveyed the offer margin to the company through one of its representative -- Munish Sehgal, who was sitting in the NCCF head office. It is prima facie evident that when the bids were being processed at NCCF head office in Delhi, a representative of Adani Enterprises Ltd. was informed regarding their imminent rejection due to non-submission of NCCF margin and also that MBCL was eligible bidder quoted 2.25 percent margin," it alleged.

The CBI in its FIR, further alleged that Adani Enterprises Ltd. had given an unsecured loan of Rs 16.81 crore to Vyom Trade Links Ltd in 2008-09. "And further it was revealed that the bank guarantees of the Adani Enterprises Ltd. and Vyom Trade Links Ltd. were issues by the same branch of the State Bank of India and at the same time," it said.

"It was clear that Adani Enterprises Ltd. presented Vyom Trade Links Ltd. as a proxy company in this particular tender and Vyom Trade Links Ltd. later withdrew its offer on flimsy ground," the CBI FIR said.

"The aforesaid acts of commissions and omissions on the part of the senior management of the NCCF disclose that during their tenure, they acted in a manner unbecoming of public servants and committed irregularities by way of manipulation in the selection of bidders, thereby giving undue favours to Adani Enterprises Ltd. in award of work for supply of coal to APGENCO despite its disqualification," it added.

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Agencies
January 20,2020

New Delhi, Jan 20: The BJP has got a brand new President in the form of JP Nadda. At around 2.30 pm, the announcement was made, bringing an end to the Amit Shah era in BJP. The party's Working President Jagat Prakash Nadda won unopposed, sparking celebrations outside the BJP headquarters here on Monday. 

Amit Shah himself was among the people who proposed Nadda's name along with Nitin Gadkari and Rajnath Singh. Soon after his annointment, BJP election returning officer Radha Mohan Singh told the media, "I announce JP Nadda as the new BJP President." Shah was also seen hugging Nadda.

The nomination process for the post of the BJP President began at 10 am and went on till 12.30 pm. For the next hour, the filed nomination paper, which was just one, was examined. Party members waitied till 2.30 pm for the candidate to withdraw if he wished to. It was after this that Nadda was declared as the man who would step into the shoes of Amit Shah.

Many in the BJP believe that although Nadda is the BJP chief now, Shah would still make all macro-level decisions like pre poll alliances or top organisational appointments. Nadda would be in charge of monitoring the day-to-day needs of the organisation. BJP sources say that Amit Shah himself wanted an arrangement like this one and personally wanted Nadda to take over. as he helped Shah formulate legislations like Triple Talaq and Citizenship Amendment Act.

The party constitution mandates completion of election of at least 50 per cent of state Presidents for the election of national President to happen. In the last few days, the BJP has completed the election of a slew of state Presidents like in West Bengal, Nagaland among others.

The process of election of the national BJP President is quite elaborate and has been described in detail in the party constitution, which says that the national president shall be elected by an electoral college, comprising members of the national council and the state councils.

"Any 20 members of the electoral college of a state can jointly propose the name of a person, who has been an active member for four terms and has 15 years of membership, for the post of national president. Such joint proposal should come from not less than five states where elections have been completed for the national council. The consent of the candidate is necessary," it says.

Who is JP Nadda?

Jagat Prakash Nadda, 59, who has his roots in the Rashtriya Swayamsevak Sangh (RSS) and its affiliates, was appointed the Bharatiya Janata Party (BJP) national President on Monday, replacing his 'mentor' and Union Home Minister Amit Shah.

Former environment, health and law minister from Himachal Pradesh, which has just four of the Lok Sabha's 543 seats, Nadda has tried to carve out his own space in national politics with his low profile and astute organisational skills, believe his party leaders.

He rose through the ranks from the Akhil Bharatiya Vidyarthi Parishad (ABVP), the student wing of the RSS, from where he has managed to build inroads from university to the state politics.

Nadda has been active on the national political scene since 2010 when he was picked by then BJP chief Nitin Gadkari to join his new team. He was made the party's national general secretary.

Born on December 2, 1960, Nadda did his graduation from Patna and holds a post-graduate degree in political science and Bachelor of Legislative Law (LL.B) from Himachal Pradesh University in Shimla.

Starting his political career as a student leader of the ABVP in 1978, Nadda had also worked both with Gadkari and Shah even in the party's youth wing -- the Bharatiya Yuva Morcha -- from 1991 to 1994.

His wife Mallika Nadda, who teaches history at the Himachal Pradesh University and is currently posted in university's campus in Delhi, was an ABVP activist too, and its national general secretary from 1988 to 1999.

In the previous BJP government (2007-12) in the state, Nadda was forced to resign as Forest Minister in 2010 owing to differences between him and then chief minister Prem Kumar Dhumal.

He was elected to the Rajya Sabha in 2012.

Nadda won his first Assembly election from Bilaspur (Sadar) in Himachal in 1993. In 1998, he again won from that seat and became the state Health Minister.

He lost the Assembly elections in 2003, but again won in 2007 and was appointed the Forest Minister in the Himachal Pradesh.

Nadda, as a forest minister, was the brain behind opening forest police stations to check forest crimes, launching community-driven plantation, setting up forest ponds and the massive plantation of deodars to boost the depleting green cover of the 'Queen of Hills', as Shimla was fondly called by the British.

A close confidant of Prime Minister Narendra Modi, Nadda was among those who were mentioned as likely aspirants to the BJP top post after Rajnath Singh was inducted into the Central government as the Home Minister in 2014.

Later, Nadda was inducted into the union cabinet in its first expansion in 2014 as the Health Minister.

Hailing Nadda's appointment, Chief Minister Jai Ram Thakur told IANS it is a proud moment that a leader belonging to a small state in the national politics is today the leader of the country's biggest national party.

His father N.L. Nadda, who was a Vice-Chancellor of the Ranchi University, resides in Bilaspur town.

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News Network
April 19,2020

New Delhi, Apr 19: With 1,334 fresh cases of coronavirus reported in the last 24 hours, the total number of confirmed cases of COVID-19 in India has reached 15,712 including 507 deaths, said Lav Aggarwal, Joint Secretary, Health and Family Welfare, here on Sunday.

As many as 2,231 people have recovered from the disease so far, said Aggarwal during the daily media briefing on the coronavirus. "This equals 14.1 per cent of the total cases," he added.

"A total of 15,712 confirmed cases have been reported in India including 507 deaths and 2,231 people, who were COVID-19 positive, have recovered. Out of the total deaths, 27 deaths have been reported in the last 24 hours," said Aggarwal.

The Joint Secretary said that no new case was reported in Mahe in Puducherry and Karnataka's Kodagu in the last 28 days.

"A total of 54 other districts beside these two in 23 States/Union Territories did not report any cases in the last 14 days," he said.

He informed that there are 755 dedicated COVID-19 hospitals and 1,389 dedicated health care centres in the country, which takes the total dedicated facilities where severe or critical patients can be treated to 2,144.

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