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SC: Flaw in the draft of Aadhaar Act 2016

Team SoOLEGAL 11 Apr 2018 2:53pm

SC: Flaw in the draft of Aadhaar Act 2016

New Delhi :The Chief Justice of India, Dipak Misra who is leading the SC bench on the petitions filed by different set of people against Aadhaar Act, while listening to arguments and counter arguments commented that Aadhaar Act was promulgated in 2016 where as the government has been collecting biometrics from the citizens since 2010.If the court were to go by the draft of 2016 Act, it would make the biometrics collected before 2010 suspect and involuntary as section 59 of 2016 Aadhaar Act is specific to it.

The court went on to say that this section 59 in Aadhaar Act is badly drafted. Understanding the import of what court’s observation can lead to, the AG KK Venugopal, who is representing government in the case , said those who offered their biometrics before the act was enacted, did that out of their own choice as it was voluntary during that period and if one were to go by the courts observation, then all biometrics taken before would be invalid and there would be a need to take fresh biometrics. Such an exercise, he said, will be an exercise in futility.

The hearing in the case continues.



Tagged: SC   Aadhaar Act   Biometric  
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