Supreme Court suggests all Aadhaar issues be heard by Constitution bench

The three-judge bench asked the Attorney-General and the petitioner’s counsel to jointly urge the Chief Justice of India to form a Constitution bench at the earliest to hear the matter.

By: Express News Service | New Delhi | Published: July 8, 2017 1:26 am
aadhaar, aadhaar compulsory, aadhaar-pan link, aadhaar-supreme court, aadhaar-social welfare schemes, aadhaar card, india news, indian express In a relief to the government, the bench refused to stay its move making Aadhaar mandatory to derive various welfare scheme benefits.

A Supreme Court bench on Friday said all matters arising out of the Aadhaar issue must be heard by a Constitution Bench.

“My opinion is that once a matter has been referred to a Constitution bench, then all the issues arising out of it should be with the Constitution bench. I can only say that a matter can be disposed of by a nine-judge bench. You two can decide the possibility of nine judges hearing it,” Justice J Chelameswar, who was heading a three-judge bench, told Attorney-General K K Venugopal and senior counsel Shyam Diwan appearing for the petitioners.

The three-judge bench, which also included Justices A M Khanwilkar and Navin Sinha, asked the Attorney-General and the petitioner’s counsel to jointly urge the Chief Justice of India to form a Constitution bench at the earliest to hear the matter.

In a relief to the government, the bench refused to stay its move making Aadhaar mandatory to derive various welfare scheme benefits.

A different Supreme Court bench had said in May that the case pertaining to the Aadhaar law should be heard by a Constitution bench. The case is pending as the Constitution bench has not been formed.

But on Friday, the apex court bench hearing a case challenging the Centre’s move linking government benefits to the Aadhaar card said “all the issues arising out of it should be with the Constitution bench”.

In the course of the hearing in this case on Friday, the Centre took strong exception to remarks by Diwan that the country was “becoming a concentration camp” with the introduction of the unique identity number.

“My friend is getting carried away by making statements like India is becoming concentration camp. I have to object (to it) or tomorrow papers will carry headings like this,’’ Venugopal, appearing for the Centre, told the bench headed by Justice J Chalameswar.

Jutice Chalameswar said the court could not control anyone’s language unless it was unparliamentary, to which Venugopal responded by saying that he felt the language was unparliamentary.

For all the latest India News, download Indian Express App

  1. R
    Reader
    Oct 9, 2017 at 10:19 am
    A centralized and inter-linked biometric database like Aadhaar will lead to profiling and self-censorship, endangering freedom. Personal data gathered under the Aadhaar program is prone to misuse and surveillance. Aadhaar project has created a vulnerability to identi-ty fraud, even identi-ty theft. Easy harvesting of biometrics traits and publicly-available Aadhaar numbers increase the risk of impersonation, especially online and banking fraud. Centralized databases can be hacked. Biometrics can be cloned, copied and reused. Thus, BIOMETRICS CAN BE FAKED. High-resolution cameras can capture your fingerprints and iris information from a distance. Every eye hospital will have iris images of its patients. So another person can clone your fingerprints and iris images without your knowledge, and the same can be used for authentication. If the Aadhaar scheme is NOT STOPPED by the Supreme Court, the biometric features of Indians will soon be cloned, misused, and even traded.
    (0)(0)
    Reply
    1. R
      Reader
      Oct 9, 2017 at 10:19 am
      UK’s Biometric ID Database was dismantled. Why the United Kingdom's biometrics-linked National Identi-ty Card project to create a centralized register of sensitive information about residents similar to Aadhaar was scrapped in 2010?? The reasons were the massive threat posed to the privacy of people, the possibility of a surveillance state, the dangers of maintaining such a huge centralized repository of personal information, and the purposes it could be used for, and the dangers of such a centralized database being hacked. The other reasons were the unreliability of such a large-scale biometric verification processes, and the ethics of using biometric identification.
      (0)(0)
      Reply
      1. R
        Reader
        Oct 9, 2017 at 10:18 am
        The US Social Security Number (SSN) card has NO BIOMETRIC DETAILS, no photograph, no physical description and no birth date. All it does is confirm that a particular number has been issued to a particular name. Instead, a driving license or state ID card is used as an identification for adults. The US government DOES NOT collect the biometric details of its own citizens for the purpose of issuing Social Security Number. The US collects the fingerprints of only those citizens who are involved in any criminal activity (it has nothing to do with SSN), and the citizens of other countries who come to the US.
        (0)(0)
        Reply
        1. #
          #AADHAARFAIL
          Jul 8, 2017 at 4:08 pm
          25 lakh families in Rajasthan are unable to withdraw ration even after seeding #AADHAARFAIL with their ration card. 2. #AADHAAR authentication does not work for half billion Indians. 3. AADHAAR authentication does not work even after updating bio-metrics and waiting for 90 days 4. AADHAAR bio-metrics can be stolen, printed and used for #AADHAAR pay 5. #AADHAAR does not work for NRIs, people outside India 6. AADHAR can not be generated if a person's fingerprint matches with someone else's with 60 percentage probability. 7. Rogue government can deactivate your #AADHAAR blocking your gas, electricity, mobile, bank account 8. AADHAAR works for millions of illegals staying in India 9. AADHAAR is blocking subsidies for millions of legitimate people 10. Take 10 lakh insurance for each #AADHAAR failure case or delete aadhaar bio-metrics from aadhaar database, archive and deactivate #AADHAAR. Jai Hind
          (0)(0)
          Reply
          1. A
            Ash
            Jul 8, 2017 at 8:57 am
            Aadhar was initiated so as to ensure there really was a person getting govt relief,instead of relief going to a list of fraudulent names.It was never meant to serve as a secure iden y document,which is why Pvt parties were allowed to serve as agents.By Govts own admission a few thousand of these agents have been kicked out because they were falsifying records.However there is no estimate of how many false records they managed to create.A prominent false Aadhar ID was produced by a Pakistan Embassy employee when caught purchasing secrets from an Indian.Personal experience has shown that the machine sometimes doesn't recognise your fingerprint this particular case,we were first refused by the store, and the finger wasn't recognised by a Aadhar agents machine as well.At first He asked us to update the print.We appealed and asked him to try again and only after some 4 or 5 attempts was the print recognised.We were lucky,there was no rush,otherwise we would have had to update print.
            (0)(0)
            Reply
            1. Load More Comments