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Constitutional Validity of Aadhaar, Day 9

This is a record of the proceedings in the Supreme Court bench hearings on the Constitutional validity of Aadhaar. You may read the previous days here: Day 1, Day 2, Day 3, Day 4, Day 5, Day 6, Day 7, Day 8. Senior Advocate Kapil Sibal continued presenting the case, sharing a news report about people being denied pensions in old age homes across the country because of Aadhaar failures. "This is the reality of India." Justice Sikri said that the government has claimed that 1.2 billion people have enrolled, meant that only ten crores are left. He asked if there are so many problems, how have so many people been enrolled. Mr. Sibal said that there's a difference between getting enrolled and having to authenticate each time. Justice Bhushan said that these kinds of problems may not be a ground for holding a statute unconstitutional. Kapil Sibal replied that the point is exclusion. Justice Chandrachud suggested that exclusion may be because of infrastructure problems or it might be irremediable, like because of old age. He said that on the first point, the government may upgrade. Mr. Sibal said that the question was that if the government was going to upgrade, what was to happen in the meantime. Additional Solicitor General Tushar Mehta claimed that nobody has been excluded because of lack of Aadhaar. (!) The Court asked him to explain his claim. Senior Advocate Rakesh Dwivedi said that according to Section 7 of the Aadhaar Act, if there is a problem with authentication, you can just…

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Vidyut is a commentator on socio-political issues with a keen interest in behavioral sciences, digital rights and security and manages to engage her various proficiencies to bring an unusual perspective to issues related with the intersection of tech and people.

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