Aadhar Case: SC questions legality of data collected before 2016

Team SoOLEGAL 22 Feb 2018 2:35pm

Aadhar Case: SC questions legality of data collected before 2016

New Delhi: While listening to the ongoing Aadhar case, a five judge bench led by SC Chief Justice Dipak Misra questioned the validity of data collected since 2009, before the enactment of the 2016 Act, after those opposing it claimed that this doesn’t have any legal basis and seriously infringed upon citizens fundamental right to dignity.

“If we find the executive wrong should it be destroyed,” a five-judge bench led by Chief Justice of India Dipak Misra asked senior advocate Gopal Subramanium. “What is the sequitur?”

He argued that the Aadhaar architecture was too opaque, uncertain and disproportionate to the legitimate state interest sought to be achieved. It was way too invasive of a citizen’s fundamental rights as it virtually destroys his identity in the process of identifying him for myriad state services, ranging from social security benefits to telecom services to banking, etc.

Tagged: SC   Aadhar case   Gopal Subramaniam  
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