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Sep 26, 2018 65 tweets 9 min read Twitter logo Read on Twitter
Bench consisting of CJI, Justices Chandrachud, Sikri, Khanwilkar and Bhushan to sit shortly to deliver Aadhaar judgment. #Aadhaar
Bench assembles.
Sikri,J's judgment concurred by CJI and Khanwilkar,J.
Sikri, J has written summary of the judgment that runs to 40 pages.
Aadhaar has become the most discussed subject in recent past - Sikri, J
Sikri, J discusses the arguments of the parties.
Sikri, J discusses the arguments of parties
Sikri,J: Human dignity is already a settled right from an individual's point of view. Discusses elaborately on the dignity of an individual.
Proportionality is to be adjudged after laying down certain certain norms: privacy, whether there's larger public interest, compelling judgment. - Sikri,J
Sikri: Education has taken us from thumb impression to signature, technology has taken us from signature to thumb impression.
Breaking : National security exception for disclosure of Aaadhar information as per Seciton 33(2) struck down by Judgment of Justice Sikri #AadhaarVerdict
Section 57 of #Aadhaar Act permitting private entities to avail Aadhaar data struck down by judgment of Justice Sikri #AadhaarVerdict
Section 33(1) permitting disclosure of Aadhaar information on orders of District Judge read down to enable opportunity of hearing to the owner of data #AadhaarVerdict
No person's right can be denied on the ground of lack of Aadhaar
Breaking: CBSE , NEET, UGC Making Aadhaar mandatory is bad and they cannot do so
Breaking: For the enrollment of children, it would be essential to have the consent of parents
They should be given an option to exit on attaining majority.
Breaking: School admission cannot be on the basis of #Aadhaar.
No child can be denied any schemes if they are not able to bring their Aadhaar number.
Breaking: Section 2(d) of the #Aadhaar Act read down to exclude meta data of transactions.
33(1) disclosure of information - individual will be given a right to opportunity of hearing
Breaking : Big blow to @UIDAI
Section 47 struck down
Any individuals must be allowed to file complaints.
Breaking: 139AA OF Income Tax Act upheld
It is mandatory quoting of Aadhaar / Enrolment ID of Aadhaar application form, for filing of return of income and for making an application for allotment of Permanent Account Number
#Aadhaar act can be passed as money bill
#Aadhaar not mandated for opening of bank accounts,
Aadhaar not mandatory for #mobile connections
J. Chandrachud starts reading hos Judgment #Aadhaar
Money Bill: Decision of the speaker to treat a bill as money bill is amenable to judicial review.
Aadhaar will determine future of freedom.
Speaker's decision #Moneybill: No constitutional position assumes absolute power.
If a constitution has to survive political aggrandizement, notions of power and authority must give compliance to rule of law.
Any exclusion of judicial review must be tested on the ambit of functionality.
Breaking; #Aadhaar act cannot be passed as money bill: Justice Chandrachud dissents with majority
S7 is the not the central theme of Aadhaar act.
S7 deals with expenditure incurred from CCI. I have rejected the submission.
S. 7 does not meet the test of 110(1) of Constitution
On the aspect of money bill, Rajya Sabha has important role in making of laws.
Breaking: The passing #Aadhaar Act as money bill is fraud in the constitution: Chandrachud.J
Differences in a democratic polity with dialogue.
It may be politically expedient but constitutionally impermissible
Unique nature of bio-metric data is compromised it will be compromised
Many provisions of Aadhaar Act provide for invasive collection of biometric data
There is no clarity on what happen if there is a mismatch of biometric data
The data must all the time vest with the individual
#Aadhaar violates Informational privacy, data protection: Chandrachud
Constitutional guarantees cannot be compromised by vicissitudes of technology
Necessity and proportionality - Respondent fails on this.
Architecture poses risk on potential violation of leakage of database.
Source code is of foreign corporation
@UIDAI is only a licensee
Breaking: #Aadhaar program in it's entirety is unconstitutional: Justice Chandrachud's landmark dissent
Rights of 1.2 billion citizens cannot be tested as a mere contract with @UIDAI
Sec 47 also violates citizens rights.
Absence of independent regulatory framework, it renders ineffective
#Aadhaar does not pass the test of Article 14 of the constitution.
Allowing private enterprise to use Aadhaar numbers will lead to exploitation of data
Section 57 violates 14 and 21 of the Constitution
It will be as if it will be impossible to live in India without Aadhaar
Section 57 is violative or 14 and 21 insofar as services are defined.
One right cannot be taken away at the behest of the other
BREAKING: 139AA Of Income Tax Act Unconstitutional: Chandrachud dissents with majority

It is based on the premise of constitutionality of #Aadhaar. 139 AA is also unconstitutional.
Mobile phones - linking is not permissible.
Neither valid nor constitutional
Breaking: #Aadhaar numbers shall be deleted forthwith by the telecom companies: Chandrachud.J
Entire #Aadhaar from 2009 suffers from constitutional validity.
Govt violated the interim orders continuously
Data shall be destroyed if you crates a new scheme in consonance with this judgment.
Justice Ashok Bhushan commences reading his Judgment
He is in broad agreement with majority .dissents in some in some issues
There is No violation of privacy by Aadhaar. #Aadhaar Act Passes the three fold test in Right To Privacy Judgment
Justice Bhushan also struck down Section 57 to the extent it includes "contract"
Aadhaar not mandatory for mobile connections : Justice Bhushan agrees with majority
S.139 AA of Income Tax Act [pan linkage] upheld
Breaking: Aadhaar Project Wholly Unconstitutional-Landmark Dissent By Justice Chandrachud.

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Jul 11, 2018
ASG Thushar Mehta submits that Union of India will leave the matter of constitutionality of #Section377 to be decided by the Court. #Sec377 #LGBTQ
ASG further submits that the practises like incest should not be promoted. CJI allays such apprehensions by retorting that such relationships are void under law
CJI states that Court is considering only the issue whether homosexual practises should be treated as a crime. ASG replies that Union of India leaves this issue to the wisdom of the Court, but if the Court is considering larger issues Union of India will file detailed statement
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