Aadhaar Special

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Aadhaar hearing: Highlights from 38 days of Supreme Court's 2nd longest hearing in history
News & Analysis

Aadhaar hearing: Highlights from 38 days of Supreme Court's 2nd longest hearing in history

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.

Aadhaar hearing: Supreme Court reserves judgment in the second-longest hearing in Indian history
India

Aadhaar hearing: Supreme Court reserves judgment in the second-longest hearing in Indian history

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
India

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.

The passing of Aadhaar as a Money Bill and its immunity from judicial review needs a thorough re-examination by the Supreme Court
India

The passing of Aadhaar as a Money Bill and its immunity from judicial review needs a thorough re-examination by the Supreme Court

The Attorney General’s argument is that the decision of the Speaker on whether a given bill is a money bill is final and that this is protected from judicial review

Aadhaar hearing: People must have a choice in the unstoppable march towards technology, argue petitioners
India

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
India

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
India

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.

Aadhaar hearing: Senior counsel Rakesh Dwivedi argues that the UIDAI is constantly improving and upgrading its systems
News & Analysis

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
India

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 is operationally different from smart cards and Google, which presents them with little incentive to work against UIDAI
News & Analysis

Aadhaar is operationally different from smart cards and Google, which presents them with little incentive to work against UIDAI

When you look at the differing use cases that each of these services such as Aadhaar, smart cards and Google provide, one thing that emerges is that there is no real motivation for a 'Google and Smart card lobby' to work against Aadhaar.

Aadhaar hearing: Supreme Court questions why both right to privacy and right to food cannot be secured under the Constitution
India

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 hearing: Senior counsel calls surveillance possibilities as mere rhetoric, says fingerprint data is only relevant for palmistry
News & Analysis

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
India

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 story so far: The arguments made by petitioners and State from Days 15 to 25 of SC hearings
India

Aadhaar story so far: The arguments made by petitioners and State from Days 15 to 25 of SC hearings

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
India

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
India

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 hearings: Attorney General argues that pervasive collection of fingerprints meets proportionality requirements
India

Aadhaar hearings: Attorney General argues that pervasive collection of fingerprints meets proportionality requirements

The Primary argument was to establish that Aadhaar meets the requirements of proportionality and legitimate state interests.

UIDAI’s FAQs published in national dailies present a very narrow perspective on Aadhaar and still leave a lot of questions unanswered
India

UIDAI’s FAQs published in national dailies present a very narrow perspective on Aadhaar and still leave a lot of questions unanswered

The UIDAI on 3rd April published a list of Frequently Asked Questions in national dailies, in an effort to address concerns with Aadhaar.

Aadhaar hearing: Petitioners question UIDAI on verification of residency requirement, de-duplication rejections and authentication failures
India

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 security lapse could allow major chunk of information to be stolen, says data security expert
India

Aadhaar security lapse could allow major chunk of information to be stolen, says data security expert

"The UIDAI’s response, when we approached them a month ahead of the story, notifying them of the vulnerable endpoint, was to do nothing."