The Indian Government is gearing up to introduce a legislation in Parliament in the first week of next month, looking to get parliamentary sanction for its Unique Identity Project, Aadhaar. So far, without Parliamentary sanction, the country has issued around 478.5 million identity numbers. The Unique Identification Authority of India (UIDAI), has been operating "under an executive order issued by the Government in January 2009, establishing UIDAI as an Attached Office of the Planning Commission." The bill being introduced proposes to create a statutory authority to be called the National Identification Authority of India and lay down the powers and functions of the Authority, the framework for issuing Aadhaar numbers, defines offences and penalties and matters incidental thereto through an Act of Parliament. Readers must bear in mind that the identity project has been sanctioned without India having a privacy law. A Parliamentary Standing Committee was severely critical of the Aadhaar project (Details of that here. Download the standing committee report here) In a press release, almost two years hence, the Indian government has responded to this criticism: 1. Circumvention of Parliament: The Law Ministry cleared the project even though the bill has not been passed by Parliament. The committee called this unethical. Dr. Usha Ramanathan pointed out, "It is a plain misconception to think that the executive can do what it pleases, including in relation to infringing constitutional rights and protections for the reason that Parliament and legislatures have the power to make law on the subject." Government's response: "The…
