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Constitutional Validity of Aadhaar, Day 28: “Perceived Privacy”

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, Day 26 and Day 27. ASG Tushar Mehta resumed his arguments from the previous day. He said that the PMLA amendment was made considering the larger public interest. He read out the relevant provisions of PMLA (Maintenance of Records) Rules. He said they are not ultra vires the Aadhaar act or RBI circular. He said there's no challenge with respect to the PML rules being ultra vires the PMLA. The ASG said that the power under PMLA Act of the law being able to reach the right beneficial owner of any entity is not under challenge. Justice Sikri interjected saying Rule 9 (4) is challenged on the grounds of proportionality where there are several other officially valid documents. What is the need to make Aadhaar compulsory when there are other officially valid docs available? The ASG said it is to prevent impersonation. He said Aadhaar is the most robust and most fraud proof identity we have now. No biometric authentication is available with other IDs. Justice Chandrachud interjected to ask the ASG to respond to contentions of Mr. Datar: That the Rules are…

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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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