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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News Network
February 9,2020

New Delhi, Feb 8: Arvind Kejriwal is set to return as Delhi chief minister and his Aam Aadmi Party (AAP) will virtually sweep the assembly elections, exit polls predicted Saturday.

As polling came to a close at 6 pm, with the Election Commission of India (ECI) projecting a voter turnout at 60.24% (as of 9:50 pm), a poll of polls covering 10 exit polls gave 52 seats to AAP, 17 to the Bharatiya Janata Party and one to the Indian National Congress.

The polls, which are sample surveys conducted among voters exiting polling booths, signalled that the Delhi voter responded to AAP’s campaign that focused on “kaam”, or getting work done.

Kejriwal, a former civil servant and activist who stormed into electoral politics with an anti-corruption campaign in 2013, led a campaign focusing on the development work his government did in Delhi, especially in education and healthcare, as well as sops such as lower electricity bills and free bus rides for women.

The exit polls gave AAP between 47 and 68 seats in the 70-member Assembly.

They predicted an absolute rout for Congress, which ruled Delhi for three terms between 1998 and 2013. The maximum seats to AAP were given by India Today TV-Axis exit poll, which predicted 59-68 seats for the party, while giving 2-11 for the BJP and none to the Congress.

If these figures hold, the results will come as a disappointment for the BJP, which had hoped its sweep in the Lok Sabha elections in 2019 would reflect in the assembly polls.

Delhi’s voter turnout saw a sharp fall over the 2015 elections. According to the Election Commission of India, voter turnout till 9 pm was projected at 60.24% — lower than 67.12% in 2015.

Traditionally, a lower voter turnout is read as a vote for the incumbent.

The voter turnout in Delhi has been similar during the Congress regime under Sheila Dikshit, when she won consecutive terms. In 2003, when Delhi voted a second time for the Dikshit government, the voter turnout was 53.42%, and a comparable 57.58% was the turnout in 2008.

Later, in two consecutive elections — 2013 and 2015 — voters turned out in big numbers to vote Dikshit out of power. In 2013, 65.63% of Delhi turned out and the percentage increased further to 67.12% in 2015.

Across constituencies, Matia Mahal in Central Delhi registered the highest voter turnout of 68.36%, whereas Bawana assembly constituency in North district saw the lowest turnout at 41.95%. Among districts, North East district registered the highest (62.75%) voter turnout, while the lowest turnout was recorded in South East district (54.15%), according to the ECI app.

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News Network
June 11,2020

New Delhi, Jun 11: Rajasthan chief minister Ashok Gehlot has obliquely hinted that the opposition Bharatiya Janata Party (BJP) is pulling out all stops to destabilise the Congress-led government by luring some of the ruling party’s members of the legislative assembly (MLAs) with Rs 25 crore each.

He alleged that the BJP’s plan is similar to that of toppling the erstwhile Kamal Nath-led government in Madhya Pradesh (MP) and some of his party lawmakers have been offered Rs 10 crore each in advance of the promised sum of Rs 25 crore.

The CM made these allegations while speaking to media persons late on Wednesday night, when the Congress took its 107 party MLAs and 13 independent lawmakers to a resort located on the outskirts of Jaipur for a meeting ahead of the upcoming Rajya Sabha polls for three seats from the desert state slated to be held on June 19.

The 120 MLAs will be shifted to the resort on Thursday.

“Our MLAs are intelligent, alert, and united. Rajasthan is the only state in the country, where 13 independent MLAs supported our government for neither exchange of any money nor post. However, the condition on which our MLAs left the party for the BJP in MP is not good,” Gehlot said.

Rajasthan government’s chief whip Mahesh Joshi in a complaint to the director-general, anti-corruption bureau (ACB), has alleged attempts to poach Congress MLAs and the independent lawmakers, who are supporting the Gehlot-led government.

“Attempts are being made to destabilise the government in Rajasthan on the lines of Karnataka and MP,” Joshi alleged.

Gehlot said that he would hold another round of meeting with the 107 Congress and 13 independent MLAs on Thursday.

The CM also targeted Prime Minister Narendra Modi, alleging that the Upper House elections were postponed under pressure because the BJP could not poach an adequate number of MLAs in Rajasthan and Gujarat.

He blamed the saffron party for its lack of faith in democracy, as it has ensured the resignation of eight Congress MLAs in Gujarat since March, including three earlier this week.

Mukesh Pareek, BJP’s state spokesperson, refuted the allegations levelled by CM Gehlot against his party and asked the ruling Congress to give evidence of alleged poaching of its and independent lawmakers.

‘The Congress has failed to manage its own house. There is growing resentment in the party’s rank and file over its failed national leadership,” Pareek alleged.

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Agencies
June 9,2020

New Delhi, Jun 9: BJP leader Jyotiraditya Scindia and his mother Madhavi Raje Scindia have tested positive for COVID-19 and are currently undergoing treatment in a Delhi hospital, India Today reported on Tuesday.

They were admitted on Monday to Max Super Specialty Hospital, Saket, after the two complained of throat irritation and fever.

"Not so good news: @JM_Scindia and his mother have tested positive for corona, The former Cong turned BJP leader from MP has been admitted to hospital.. Wish him a speedy recovery!" tweeted Rajdeep Sardesai, consulting editor at the India Today group.

Breaking now: Not so good news: @JM_Scindia and his mother have tested positive for corona, The former Cong turned BJP leader from MP has been admitted to hospital.. Wish him a speedy recovery!  @IndiaToday

— Rajdeep Sardesai (@sardesairajdeep) June 9, 2020

Scindia, former Congress MP from Guna constituency in Madhya Pradesh, quit the party and joined BJP last March. Scindia, who was once Minister of State with independent charge for Power, is the BJP candidate for the upcoming Rajya Sabha elections from Madhya Pradesh.

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