This case will decide the constitutional validity of the Aadhaar Act.
In 2011, the Central Government initiated a new identity document known as the Aadhaar Card which was to be issued by a new agency, the Unique Identification Authority of India (UIDAI). This card would be the basic identity card in India and would be available to every resident of the country free of cost.
However, to get this unique identity number, every resident would submit their biometric data which includes a scan of their fingerprints and retinas. This information would then be housed in a governmental database.
The Government has also progressively made the Aadhaar Card mandatory for numerous welfare schemes. These include subsidised food under the Public Distribution System, Labour for a wage under the National Rural Employment Guarantee Scheme and even the Mid-Day Meal Scheme providing free lunches to schoolchildren.
The Aadhaar Scheme was challenged before the Supreme Court by Justice K.S. Puttaswamy, a retired judge of the Karnataka High Court alleging several infringements of fundamental rights guaranteed by the constitution. These objections can broadly be divided under two heads,
In response, the government has argued that India has no right to privacy at all and that the Government is well within its powers to make the Aadhaar card mandatory for any reason. It is further argued that such a measure is necessary to prevent corruption and leakages in welfare schemes across India and the absence of such a measure has cost the people an untold amount of money.
The AADHAAR (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016
Writ Petition by S.G. Vombatkere (Challenging the constitutional validity of Aadhaar Act 2016)
Writ Petition by Mr Raghav Tankha (Challenging the mandatory linking of mobile numbers with Aadhaar and re-verification of mobile users)
Writ Petition filed by Dr. Kalyani Menon Sen (Challenging linkage of mobile numbers and bank accounts with Aadhaar)
Writ Petition filed by Mr Ram Pratap Misal (Challenging the requirement of Aadhaar for the post of APP)
Writ Petition filed by Ms Shantha Sinha (Challenging the mandatory use of Aadhaar for the government’s social welfare schemes)
Written submissions by Mr. Kapil Sibal.
Application by Ms Shantha Sinha to submit further documents
Impeadment Application filed by Swatantra (Counsel Jayna Kothari)
Application for direction by Swatantra (Counsel Jayna Kothari)
Intervenor Application filed by Mr Matthew Thomas (1)
Intervenor Application filed by Mr Matthew Thomas (2)
Intervenor Application filed by Mr Matthew Thomas (3)
Intervenor Application filed by Mr Matthew Thomas (4)
Intervenor Application filed by Mr Bezwada Wilson (1)
Intervenor Application filed by Mr Bezwada Wilson (2)
Intervenor Application filed by Mr Bezwada Wilson (3)
Impleadment Application filed by the Centre for Civil Society
Impleadment Application filed by Justice Anand Byrareddy
Intervention Application filed by Oil Marketing Companies
Impleadment Application filed by Mr. Rajeev Chandrashekhar
Counter-Affidavit filed by the Government
Interim Relief Order passed by the Supreme Court on 15.12.2017
Opening Statement by Mr Shyam Divan in January 2018
Main heads of challenge by Mr Shyam Divan
Mr Shyam Divan’s Surveillance Note (illustration of how IP can be used to pinpoint location)
We would like to thank Mr Rahul Narayan, Advocate-on-Record, and Mr Prasanna S. for providing us with these documents.
Read our reports of the hearings here:
Aadhaar Act: Interim relief Arguments
Aadhaar Act: Day 1 Arguments
Aadhaar Act: Day 2 Arguments
Aadhaar Act: Day 3 Arguments
Aadhaar Act: Day 4 Arguments
Aadhaar Act: Day 5 Arguments
Aadhaar Act: Day 6 Arguments
Aadhaar Act: Day 7 Arguments
Aadhaar Act: Day 8 Arguments
Aadhaar Act: Day 9 Arguments
Aadhaar Act: Day 10 Arguments
Aadhaar Act: Day 11 Arguments
Aadhaar Act: Day 12 Arguments
Aadhaar Act: Day 13 Arguments
Snr Counsel Kapil Sibal concluded with Snr. Counsel Gopal Subramanium starting
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