NEW DELHI: Terming passing of the Aadhaar Act as Money Bill in Parliament a fraud on the Constitution which is liable to be struck down, Justice D Y Chandrachud in his dissenting opinion said that the Aadhaar scheme suffers from constitutional infirmities as it violates fundamental rights, including the right to privacy.
"Bypassing the Rajya Sabha to pass the Aadhaar Act amounted to subterfuge and the law was liable to be struck down as being violative of Article 110 of the Constitution. Article 110 has specific grounds for Money Bill and the Aadhaar law went beyond this," he said and added that in the current form, the Act cannot be held to be constitutional.
He observed that the enactment of the Act does not save the Centre's Aadhaar scheme.
Stressing that the use of personal data by private entities without consent will lead to its commercial exploitation, Justice Chandrachud ordered that the biometric information and Aadhaar details collected by the telecom service providers should be deleted forthwith and they or anyone else should not use the information for any purpose.
Noting that mobile phone has become an important feature of life and its seeding with Aadhaar posed a grave threat to privacy, liberty and autonomy he said, “The assumption that every individual who opens a bank account is a potential terrorist or a launderer is draconian."
He also said collection of data may lead to individual profiling of citizens which could be used to ascertain the political views of citizens.
He said the Aadhaar programme violated informational privacy, self-determination and data protection. This data was vulnerable to be misused by third party and private vendors, and that too, without the consent of an individual, Justice Chandrachud maintained and said the Aadhaar project has failed to remedy the flaws in its design, leading to exclusion.
He also held that denial of social welfare measures was violation of fundamental rights of citizens and said, "There is no institutional responsibility of the UIDAI to protect the data of citizens."
Justice Chandrachud said, "It was now impossible to live in India without Aadhaar but it was violative of Article 14. If Aadhaar is seeded with every database, then there is chance of infringement of right to privacy."