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Wednesday, November 27, 2013

SC seeks States’ response on petitions against Aadhaar Tuesday Nov 26,2013

The Supreme Court on Tuesday Nov 26,2013 issued notice to all the States asking for their response to a batch of petitions seeking a declaration that the Aadhaar scheme being implemented is unconstitutional. 


A SC Bench comprising Justice B.S. Chauhan and Justice S.A. Bobde had already restrained the Centre from issuing Aadhaar cards to illegal immigrants, and had made it clear that benefits should not be denied to anyone for non-possession of Aadhaar cards

On Tuesday Nov 26,2013, the SC Bench issued notice to the States during the final hearing of the petitions filed by K.S. Puttaswamy, retired Judge of Karnataka High Court, and others, who alleged that the scheme was unconstitutional as the individuals obtaining Aadhaar number were required to part with personal information, such as biometrics, iris and fingerprints, which infringed on their right to privacy – part of the fundamental right to life under Article 21 of the Constitution. 

Arguments will continue on Dec 10,2013 after getting response from States.

Note
The Unique Identification Authority of India (UIDAI), is an attached office of the Planning Commission of India to issue Unique Identification Number "Aadhar" to citizens of India who desire to have it. It lacks legal or statutory authority  presently
The UIDAI  aims to provide a unique identification number to all persons residents in India, but not identity cards
About Rs. 35 billion (Rs.3,500 crore) has been spent totally on Aadhaar program from beginning (January-2009) till September-2013 with enrollment of 500 million (50 crore) persons
The SC  passed an Interim Order on Sep 23,2013 that no public services such as LPG be denied to public due to lack of Aadhaar.

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