Aadhaar: "Passage as Money Bill fraud on Constitution", DY Chandrachud J dissents

Murali Krishnan September 26 2018

Even as the Supreme Court upheld the Aadhaar Act and scheme by a 4:1 majority, Justice DY Chandrachud has dissented, striking down same.

Chandrachud dissented not only with respect to the passage of the Aadhaar Act as a Money Bill, but also held that the Aadhaar project is violative of fundamental rights, including the Right to Privacy and the Right to Equality.

He had some strong words for the Executive for the passage of the Aadhaar Act as a Money Bill, terming it a “fraud on the Constitution” and a subterfuge.

He also came down on the Central government for issuing various notifications in violation of the Supreme Court’s interim orders stating that propriety demanded that the Centre should have approached the Supreme Court for variation of its orders before resorting to such steps.

Excerpts from the judgment

On Aadhaar being introduced as a Money Bill:

– Passing of the Aadhaar bill as money bill when it does not qualify as a money bill is a fraud on Constitution. It violates the Basic Structure.

On  the Aadhaar project itself:

– Constitutional guarantees cannot be left to risks posed by technological advancements.

– Absence of independent regulatory framework compromises data protection. Aadhaar Act therefore cannot pass tests under Article 14

– Allowing private players to use Aadhaar will lead to profiling which could be used in ascertaining political views etc of citizens

– Mandating Aadhaar for benefits and services under Section 7 would lead to a situation in which citizens will not be able to live without Aadhaar. Hence, Section 7 is arbitrary and unconstitutional

On the Centre passing notifications regarding Aadhaar in violation of Court orders:

 – Propriety demands that Centre should have approached this Court for variation of its orders,

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