Aadhaar final hearing: what happens now?

May 16, 2018

On Thursday, May 10, a five-judge Constitution Bench of the Supreme Court of India finished hearing arguments from the batch of 29 petitions (led by K.S. Puttaswamy v. Union of India) that had challenged the constitutional validity of the Aadhaar scheme on various grounds.

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Updates on Aadhaar Final Hearing: Day 38

May 16, 2018

On the last day (day 38) of the final Aadhaar hearing, Senior Advocate, Gopal Subramanium resumed his submissions for the State. He started by asking the bench, “Is Aadhaar really affirmative action? Is the Act an enabler or is it in the guise of enabler? The Act is not an instrumentality to deliver services.

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Updates on Aadhaar Final Hearing: Day 37

May 15, 2018

On day 37 of the final Aadhaar hearing, Senior Advocate Shyam Divan resumed his submissions for the petitioners by stating that banks and telecom operators were linking individuals’ Aadhaar with their bank accounts and mobile numbers without their permission. This is called inorganic seeding.

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Updates on Aadhaar Final Hearing: Day 36

May 15, 2018

On day 36 of the final Aadhaar hearing, Attorney General K.K Venugopal resumed his submissions and stated that Article 110(1)(g) is a standalone provision and there can be a money bill that does not relate to Article 110(1)(a)-(f) of the Constitution but is still covered independently under Article 110(1)(g). Therefore, the Aadhaar bill did not have to be passed by the Rajya Sabha.

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Updates on Aadhaar Final Hearing: Day 35

May 07, 2018

On day 35 of the final Aadhaar hearing, Advocate Zoheb Hossain, appearing for the State of Maharashtra and UIDAI continued his submissions. He began by handing over a bunch of international charters and covenants to the bench on harmonization of socio-economic and civil-political rights. J.

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Updates on Aadhaar Final Hearing: Day 33

Apr 30, 2018

On day 33 of the final Aadhaar hearing, Senior Advocate, Rakesh Dwivedi appearing for the State/UIDAI resumed his submission on Aadhaar by stating that the standard of control exercised by UIDAI on requesting entities is “fair and reasonable” as laid down under Article 21.

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Updates on Aadhaar Final Hearing: Day 34

Apr 26, 2018

On day 34 of the final Aadhaar hearing, Advocate Gopal Sankarnarayanan appearing for Centre for Civil Society submitted that the right to identity is an absolute fundamental right and it stems from recognition of an individual.

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Updates on Aadhaar Final Hearing: Day 32

Apr 24, 2018

On day 32 of the final Aadhaar hearing, Senior Advocate, Rakesh Dwivedi, appearing for the State and UIDAI resumed his submission on Aadhaar.

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Updates on Aadhaar Final Hearing: Day 31

Apr 23, 2018

On day 31 of the final Aadhaar hearing, Senior Advocate, Rakesh Dwivedi resumed his submission on Aadhaar by quoting Nobel laureate Amartya Sen, “Development requires the removal of major sources of un-freedom: poverty as well as tyranny, poor economic opportunities as well as systematic social deprivation, neglect of public facilities as well as in

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Updates on Aadhaar Final Hearing: Day 30

Apr 22, 2018

On day 30 of the final Aadhaar hearing, Senior Advocate, Rakesh Dwivedi resumed his submission on Aadhaar technology being probabilistic in nature and stated that algorithms that are probabilistic are not all identical.

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