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Constitutional Validity of Aadhaar, Day 35: “The AG may be rewriting the Constitution!”

This is a record of the proceedings in the Supreme Court 5 judge bench hearings on the Constitutional validity of Aadhaar, which began on Feb 13, 2018. You may read the entire series here. The previous post in this series can be found here. Date: May 2, 2018 Advocate Zoheb Hossain continued his submissions for State of Maharashtra and UIDAI. Hossain handed over a bunch of international charters and covenants to the bench on harmonization of socio-economic and civil political rights. Justice Chandrachud said that directive principles of state policy are essential for good governance and are a guarantee of reasonableness of a law. Directive principles even though not justiciable are read into Article 21. Hossain said that creating a Data protection law is a positive obligation of the State. All rights give rise to a variety of duties. Aadhaar is a project to ensure socio economic rights of the people. He read out Justice Wadhwa Committee report on public distribution system and food security. Hossain said that in the case of DK trivedi it was held that when a statute confers discretionary powers to the exec, the validity of the statute cannot be judged by assuming that the executive will act in an arbitrary manner and abuse it's power. He said in the same case, it was held that there is a constitutional obligation on the state to ensure socio economic welfare of the citizens which includes prevention of leakages in public distribution systems. Hossain said in the case of…

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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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