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Constitutional Validity of Aadhaar, Day 30: “No right is absolute. Regulations are permissible”

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, Day 27, Day 28 and Day 29. The hearing began late at 12:45 pm due to another matter before the Bench. Senior Advocate Rakesh Dwivedi resumed his arguments on probabilistic method. He referred to Section 7. He said that the algorithms which are probabilistic are not all identical. He said that Parliament was conscious of the exclusion that could happen. It was also aware of the digital divide. Hence, provided three alternatives under section 7. Dwivedi said can there can't be denial of service. There is an option to furnish proof of possession of Aadhaar number under section 7 if authentication can't be done. Justice Chandrachud asked whether the proviso to section 7 applied to a third alternative. Dwivedi replied in the affirmative. He said that it is applicable in case an individual has applied but has not been assigned Aadhaar number. He read the definition of 'Enrolment ID' under the regulations. He further read Regulation 12 pertaining to section 7. He said that there is no question of denial. Denial is something that should not happen, ought not to happen. Though…

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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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