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Editor’s Note





                                                                                                                                 Supreme Court on Aadhaar:



                                                                                                                                 Better to be unique than best





                                                                                                                                              WHEN JUSTICE Arjan Kumar Sikri of   bank accounts, mobile numbers with it. This all hap-
                                                                                                                                               the Supreme Court announcing the   pened while the government was promising minimum
                                                                                                                                                historic Aadhaar judgment said, “It   government and maximum governance.
                                                                                                                                                is better to be unique than to be   Fear was lurking that making Aadhaar all perva-
                                                                                                                                                best,” it was clear that the top Court   sive would be leaving field open for cyber criminals
                                                                                                                                                has upheld the validity of Aadhaar   and even global intrusion. After all, complete access
                                                                                                                                               with certain riders. The acceptance   to personal data viz names, photographs, addresses,
                                                                                                                                             of Aadhaar after a judicial review with   date of birth, marriage certificate, school admissions,
                                                                                                                                         observation that sufficient security meas-  marital status, mobile numbers, personal email IDs,
                                                                                                                                 ures are taken to protect data and it is difficult to launch   we would be putting privacy of individuals at peril .
                                                                                                                                 surveillance on citizens on the basis of Aadhaar should   Certain rights guaranteed by the Constitution were be-
                                                                                                                                 be welcomed. A five-judge bench led by CJI Dipak Misra   ing reinterpreted. Now the Supreme Court has upheld
                                                                                                                                 has asked the government to provide more security   the Aadhaar scheme as constitutionally valid but has
                                                                                                                                 measures as well as reduce the period of storage of   struck down several provisions in the Aadhaar Act. For
                                                                                                                                 data. We learn that the government is coming with a   instance, the Aadhaar cannot be made mandatory for
                                                                                                                                 proposal by September end, followed by its approval at   openings of a bank account, for getting mobile connec-
                                                                                                                                 a Cabinet meeting.                          tions, for school admissions, etc. However, the linking of
                                                                                                                                    The effectiveness of Aadhaar can be understood   Aadhaar with PAN and filing of Income Tax Return has
                                                                                                                                 from the fact since its introduction, the government   been mandatory. The Apex Court has directed the gov-
                                                                                                                                 has been able to save a whopping  90,000 crore by   ernment to ensure that illegal migrants are not issued
                                                                                                                                 eliminating duplicate and non-existent beneficiaries.   Aadhaar to get benefits of social welfare schemes. Post
                                                                                                                                 There are close to 122 crore Aadhaar card holders in the   judgment, the private companies can’t ask for Aadhaar.
                                                                                                                                 country. Technology is a tool of governance and nobody   However, the big question remains as to what would
                                                                                                                                 can afford to be a laggard. Still there are skeptics who   happen to the data already procured from the citizens
                                                                                                                                 find fault with digitalisation or with EVMs. The man-  by the corporate sector?
                                                                                                                                 date for Aadhaar was to be an effective tool for delivery
                                                                                                                                 of subsidies to eliminate middlemen and unscrupulous
                                                                                                                                 elements from siphoning off the benefits meant for the
                                                                                                                                 poor. However, it became an instrument to harass com-
                                                                                                                                 mon men asking them to link ration cards, PAN cards,                 (CHARANJIT AHUJA)





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                                                                                                                                        VOLUME 15, ISSUE NO. 19, 1-15 OCTOBER 2018,  RELEASED ON 1 OCTOBER, NUMBER OF PAGES INCLUDING COVER 68
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