Posted on 24.01.18 by Disha Chaudhry
The 5 Judge bench of the Supreme Court of the Supreme Court comprising Chief Justice Dipak Misra, Justices A.M. Khanwilkar, D.Y. Chandrachud, A.K. Sikri and Ashok Bhushan continued with the 4th day (24.01.2018) of arguments in the Aadhaar Act case (Puttaswamy v UOI). The case will decide the constitutional validity of the Aadhaar Act.
Sr. Advocate Shyam Divan appearing for the Petitioners submitted before the court that a violation of fundamental rights could not be remedied retrospectively, therefore there was a need to read section 59 of the Aadhaar Act in a narrow manner. Section 59 validates all actions of the UIDAI pursuant to its notification on 28.01.2009 and prior to the coming into effect of the Act in 2016. He further stated that the scope of Section 59 was limited to acts undertaken by the Central Government and neither private entities nor the Registrars whose actions were under the MoUs would fall within the purview of the Section. Enrollments prior to the enactment of the Aadhaar Act would therefore be invalidated.
The broad focal points of Mr. Divan’s arguments can be summarized as under:
The Bench will resume hearing the matter on Tuesday 30.01.2018
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