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Constitutional Validity of Aadhaar, Day 27: “Qualified Civil Liberties”

This is a record of the proceedings in the Supreme Court bench hearings on the Constitutional validity of Aadhaar, which began on Feb 13, 2018. You may read the previous days' proceedings here: Day 1, Day 2, Day 3, Day 4, Day 5, Day 6, Day 7, Day 8, Day 9, Day 10, Day 11, Day 12, Day 13, Day 14, Day 15, Day 16., Day 17, Day 18, Day 19, Day 20, Day 2, Day 22, Day 23, Day 24, Day 25 and Day 26. The ASG, Tushar Mehta resumed his submissions on behalf of the UIDAI. He wanted to place reliance on Para 92 of the Binoy Viswam judgment as reported in 2017 7 SCC 59. He said theargument that the Aadhaar act was made in violation of interim orders of the Supreme Court is no longer open after the Binoy Viswam judgment when it clearly said 139AA is fully valid on that point and that the only thing open after Binoy Viswam is the challenge to Aadhaar under Article 21. The ASG said that it has already been proved that Aadhaar linking with PAN will help curb money laundering and black money, and prevent tax evasion. This question was not open to challenge anymore as it has already been decided by the Court. He continued reading the Binoy Viswam judgment that deals with how interim orders were passed when Aadhaar Act did not exist and claimed that it did not preclude Parliament from enacting 139AA. He next read the paras 103 and 104 of Binoy Viswam which found rational nexus of 139AA with the…

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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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