SC issues notice in petition challenging issuance of Aadhaar cards Planning Commission and Unique Identification Authority directed to file replies

On November 30, 2012 the  Supreme Court Bench of Chief Justice Altamas Kabir and Justice J. Chelameswar issued notice in a petition challenging the the issuance of Aadhaar cards despite the lack of statutory backing for the same. The petition alleges that issuing Aadhar cards was an indirect way of implementing the provisions of the National Indentification Authority of India Bill, 2010.

On November 30, 2012 the  Supreme Court Bench of Chief Justice Altamas Kabir and Justice J. Chelameswar issued notice in a petition challenging the the issuance of Aadhaar cards despite the lack of statutory backing for the same. The petition alleges that issuing Aadhar cards was an indirect way of implementing the provisions of the National Indentification Authority of India Bill, 2010. This Bill was rejected by the Parliamentary Standing Committee in 2011. Notice has been issued to the Planning Commission as well as the Unique Identification Authority of India.

The petition has been filed by former Karnataka High Court judge, Justice K. S. Puttaswamy and Advocate Parvesh Khanna. The petitioners were represented by Senior Counsel, Anil B Divan and Advocate Ankit Goel.

The petition alleged that, “implementation of the said scheme by way of executive action in the facts and circumstances of the case, is per se arbitrary and violative of Article 14 and the collective fundamental rights of the citizens of India. The actions of the Government of India impinge on the fundamental rights of all citizens of the country, especially Article 14, particularly so when the proposed expenditure is likely to run into thousands of crores of rupees.”

The Petition urged the Supreme Court to restrain the government from issuing the Aadhaar card by way of implementing its executive order of January 8, 2009, which tantamounts to implementing the provisions of National Identification Authority of India Bill, 2010, which was rejected by the Parliamentary Standing Committee in 2011.

Speaking to Bar & Bench, Ankit Goel said, “The implementation of the UID scheme without legislative backing goes against several Constitutional provisions. Right to privacy, held to be guaranteed under Article 21, is infringed in the absence of legislation, at two levels. First, the mere taking of biometric information constitutes intrusion into a person’s privacy rights. Secondly, the legislation (National Identification Authority of India Bill, 2010), which provided safeguards and created offences against misuse of the information so collected by private agencies involved in the Scheme, remains pending in the Parliament.”

Goel goes on to add that, “In fact, that Bill has been rejected by the Parliament’s Standing Committee comprising members from both Houses and all political parties. The Government continues to implement the Scheme, while this legislation is pending in the Parliament, and our case is that this is per se arbitrary and colourable exercise of power. Also, non-citizens are being given these cards, leading to a possibility of illegal migrants and aliens being given various benefits under Government schemes.”