Aadhaar Act gives right to information to the state: Kapil Sibal

While the RTI Act gave the right to information to the individual, the Aadhaar Act gives right to information to the state, Sibal said.

Published: 07th February 2018 05:49 AM  |   Last Updated: 07th February 2018 05:49 AM   |  A+A-

Senior Congress leader Kapil Sibal (File | PTI)

By Express News Service

NEW DELHI: The right to a choice is a fundamental element of the rights guaranteed under the Constitution and the concept of Aadhaar violates it, senior advocate Kapil Sibal told the Supreme Court while arguing on behalf of petitioners challenging the constitutional validity of Aadhaar.

“With the Aadhaar biometric identification system, the government is creating a monolith, a system with no choices,” Sibal told a five-judge constitution bench. “Identity is a matter of proof but when we want to state our identity, the state says we can do it only in one particular way.”

While the RTI Act gave the right to information to the individual, the Aadhaar Act gives right to information to the state, Sibal said. He went on to quote the PM’s Davos speech that  ‘whoever controls data is the most powerful and can shape the world’. “It meant that whoever controls data in India will control India and the state will use the power like never before.”

Suggesting Aadhaar’s utility for national security was exaggerated, Sibal said Aadhaar can’t identify whether a person was a terrorist or a money launderer unless there was information.

Justice D Y Chandrachud intervened at this point. “A law cannot be declared unconstitutional just because it could be misused. There are number of rulings  by the court to protect this,” he said.

Sibal said Aadhaar law was an exception to these rulings of the top court because the law was already being “misused or abused”.

“The power of misuse is no ground to declare a law unconstitutional,” Justice Chandrachud said. 


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