The Aadhaar hearings are second-longest hearing in the history of the Supreme Court, here's a glance at the major arguments made over the past 38 days of hearings.
The Attorney General mentioned that this has been the second longest hearing in Indian history, with the longest being for the Kesavananda Bharati case.
Aadhaar hearing: Is the Aadhaar Act compliant with the first five words of the Constitution, 'We the People of India', asks senior counsel
The senior counsel Gopal Subramaniam commenced his rejoinder, arguing that the State cannot place the burden of its failures on the individual.
Aadhaar hearing: People must have a choice in the unstoppable march towards technology, argue petitioners
Shyam Divan argued that the State’s expert report conceded that location data could be tracked via Aadhaar, thus establishing surveillance in a fundamental form.
Aadhaar Hearing: Attorney General argues that Aadhaar is fundamentally a money bill to which Section 57 is an ancillary provision
The Attorney General then continued his arguments on the money bill issue, arguing that Aadhaar was, at its core, a money bill and that Section 57 was just an ancillary provision.
Aadhaar hearing: The Act is a well balanced law of which a few provisions should be struck down, argues advocate Gopal Sankaranarayanan
Senior counsel Neeraj Kishan Kaul on behalf of the Digital Lenders Association of India and others also argued that the private sector should be allowed to use Aadhaar.
The Aadhaar project had the support of two governments, since it had been commenced when the Congress was in power.
Aadhaar hearing: Senior counsel Rakesh Dwivedi argues that the UIDAI is constantly improving and upgrading its systems
Returning to the issue of metadata, he argued that Aadhaar only involved the collection of limited technical data. He argued that this was needed to exercise control over the REs.
Aadhaar hearing: Senior counsel Rakesh Dwivedi argues that balancing between rights is a symbol of justice
Further, he discussed the reasonable expectation of privacy with respect to the data collected under the Aadhaar Act.
Aadhaar hearing: Supreme Court questions why both right to privacy and right to food cannot be secured under the Constitution
The Bench observed that the lack of choice with the means of identification indicated a lack of proportionality with the restriction imposed.
Aadhaar Hearings: Counsel argues that Aadhaar is more secure than a data protection law, SC disagrees
The Bench, while discussing apprehensions of misuse of data, observed that a blinkered view of reality could not be taken while dealing with Aadhaar.
Aadhaar hearing: Senior counsel calls surveillance possibilities as mere rhetoric, says fingerprint data is only relevant for palmistry
Senior counsel Rakesh Dwivedi commenced his arguments, arguing that the surveillance possibilities discussed by the petitioners were ridiculous and mere rhetoric.
Aadhaar hearing: Not necessary to prove least possible invasion of privacy, argues Additional Solicitor General
Additional Solicitor General Tushar Mehta continued his arguments on the Aadhaar-PAN linkage and commenced his arguments on Aadhaar-Bank Account linkage
Aadhaar hearings: Additional Solicitor General argues Aadhaar-PAN linkage enables deduplication, prevents fraud and widens the tax base
Additional Solicitor General Tushar Mehta commenced his arguments on the Aadhaar-PAN linkage under Section 139AA of the Income Tax Act.
Part II lists the contentions made by the petitioners from Days 15 to 19, and those of the State from Days 20 to 25 of the Aadhaar hearings
Aadhaar story so far: Here are all the important arguments from the first 15 days of the Supreme Court hearings
These crucial judgements will drive the next foundation stone of the right to privacy in India through the judgment of the Supreme Court.
Aadhaar hearing: Bench criticises the argument that Aadhaar can prevent bank frauds and terrorists from acquiring mobile numbers
The Attorney General argued that the Aadhaar regime had to be assessed based on what it was, and not on hypothetically what it could be.
Aadhaar hearing: Petitioners question UIDAI on verification of residency requirement, de-duplication rejections and authentication failures
The Aadhaar Act, the Attorney General argued, is a just, fair, and a reasonable law. The motive of Aadhaar was in the larger public interest
Aadhaar hearing: Supreme Court expresses concerns with data breaches, Aadhaar security and profiling
The issue of data breaches from points other than the CIDR was also raised. Also, the Bench refused to extend the deadline for Section 7 benefits.
Aadhaar hearing: UIDAI’s presentation discusses Aadhaar enrolment, updation and authentication processes in detail
Discussing the set up of the Aadhaar system, he stated that 9000 crores had been invested by the government in setting up and operationalizing the UIDAI