Prasanna S Profile picture
Sep 26, 2018 28 tweets 3 min read Twitter logo Read on Twitter
#Aadhaar Judgment continued
(Sorry the earlier thread no longer loads for me on twitter).

DYC J has penned a partial dissent.

DYC says this is a seminal case that poses questions on democracy, power and liberty and constitutionalism.
DYC J overrules earlier judgment on money bill whether or not speaker decision is subject to judicial review. Elaborate discussion of rule of law and judicial review. Sikri J agrees on this point.
However DYC J holds that Aadhaar cannot have been a money bill. Not even Section 7. Passing a Bill which is not a money bill as a money bill a subterfuge and a fraud on the constitution. This is a dissent from Sikri J view.
DYC J although has held the Aadhaar Act as unconstitutional on the basis of money bill, has also gone into separate provisions and the project.
DYC J says the propose of Act is legitimate. However not enough robust safeguards as to informed consent, individual rights such as opt out and several issues in the process and the regulations...both prior to and post the passage of the Act.
DYC J holds that the Aadhaar programme as a whole is completely violative of privacy and unconstitutional.

Constitutional guaratees cannot be subjected to probabilility algorithims and technological vicissitudes.
DYC J holds that Respondents' claims on security and safeguards have not only not been convicing enough, but falls short of standards required to protect privacy and data protection.

Potential surveillance is possible through Aadhaar.
Algorithms by foreign companies such as L1 and Accenture and control out of UIDAI is noted and not approved by DYC J. Rights of citizens and national security cannot be protected by merely a contract between UIDAI and private foreign corporations.
DYC J also notes how UIDAI takes no responsibility for identification.
DYV J develops the concept of structural due process and says the framework under the law clearly violates that doctrine. Criminal offences under the Act alone are insufficient.
DYCJ strikes down also Section 57, Section 7 separately for being overbroad and authorising breaking down of separate silos and violative of privacy

Section 59 which validated earlier notification struck down. Also notes how even 2009 notification did not authorise biometrics.
DYC J also strikes down Bank Linking and Telecom linking orders. Says cell phone providers must immediately delete and destroy aadhaar data they have collected immediately.
DYC J : entire Aadhaar Act and the programme since 2009 is held as unconstitutional. The data shall be kept for 1 year. If govt is able to reenact a new reasonable law, the same can be used for that. But if not, #DestroyTheAadhaarData.
DYC J judgment has some great pasages. Unable to capture all on twitter. But in dissent!

Next judgment read by Ashok Bhushan J.
Bhushan J: No expectation of privacy in demographic data used regularly in transactions with govts and public authorities.
Bhushan J: Everyone has a right of identity. Aadhaar is a Pan India identity.
Bhushan J: After constitution, all governments have tried to eliminate poverty.
Bhushan J: Impementation problems and shortcomings do not make Section 7 unconstitutional. No material record to say exclusion has increased post Aadhaar.
Bhushan J: Authorities will have to take steps to minimise exclusion.
Bhushan J: Even if authentication is probabilistic as on date, we have no doubt that authentication success rates will improve.
Bhushan J: Dissipation of social benefits is a major problem facing the nation.
Bhushan J: Phone linking struck down as it is not backed by law.
Bhushan J: Certification as a money bill can be reviewed by court. Sidiqqi and Yogesh Jaiswal cases overruled.
Bhushan J: No violation of privacy by Aadhaar. Passes the three fold test in 9 judge bench decision.
Bhushan J: Section 57 to the extent it includes "contract" is struck down.
Bhushan J: Section 59 upheld.
Bhushan J: Upholds bank linking and 139AA as well.
Bhushan J: appreciation for all counsels appearing for all parties.


• • •

Missing some Tweet in this thread? You can try to force a refresh

Keep Current with Prasanna S

Prasanna S Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!


Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @prasanna_s

Sep 29, 2018
Does the Union Government have to direct the telecom service providers to delete biometric and Aadhaar details of their customers following the #Aadhaar judgment? A short thread.
1. We all know that the judgment had three separate judgments. One by majority of Sikri J writing for himself, CJI Misra and Khanwilkar J.
There was a minority judgment by Chandrachud J which was partly concurring with Sikri J
and another partly concurring judgment by Bhushan J
2. On the question of illegality and unconstitutionality of the telecom-Aadhaar linking exercise, all the five judges agreed and struck down the exercise and the 23rd March 2016 circular of the DoT as unconstitutional.
Read 11 tweets
Sep 26, 2018
#Aadhaar judgment. Thread. Will be tweeting opinions as they are pronounced. Final conclusions based on majority will be clear only at the end of the thread.
Waiting for the Bench to assemble.
Bench has assembleed. Judgment is voluminous.

First judgment is by Justice Sikri. CJI and Khanwilkar J have concurred with him. DYC J and Ashok Bhushan J have written separate opinions.
Read 36 tweets
Aug 18, 2018
Thread. The Delhi Govt yesterday pulled up by the Delhi HC for not implementing several mandatory provisions of the Food Security Act, letting thousands go hungry in the national capital.…
The Government had no explanation whatsoever in completely defaulting on not only the statutory mandate of implementation of NFSA before July 2014, but also an order passed by the Court on 01.09.2017!
The Govt told the Court that their main concern was that the benefits meant for Delhiites should not be cornered by migrants! The Court rejected that contention as completely irrelevant for compliance and sought a plan of compliance within two weeks.
Read 5 tweets
Jun 25, 2018
Too much noise over the weekend trying to suggest that the modern left has to be more accommodating of the right so that the right does not become more reactionary. Some thoughts/rants. 1/
It is only recently that the left has started reclaiming its mainstream space. It has started ignoring the don't-wake-up-your-neighbour type warnings. (IMHO, obviously) 2/
The reactionary right is not some fringe or a small minority or a vulnerable group that we should guard against further marginalization or condescension. They are the ones in power now. Almost everywhere in the world. They set the narrative. They are the mainstream. 3/
Read 13 tweets
May 16, 2018
There is not one flaw in India's constitutional democracy that the present regime has not exposed or exploited:

1. Office of the Governor;
2. Judges appointments;
3. Appointments to other institutions and tribunals;
4. The virtual unassailability of the decisions of ...1/
...the speaker of assembly or Loksabha(Money Bill/ Disqualification for defection; not allowing the introduction of no confidence motion);
5. The office of VP and his powers over removal of judges;
6. Finance Commission
7. Post retirement posts.

Etc. Etc. 2/
These structural flaws are obviously pre-existing and we have had proofs of concept demonstrated to us before. What we are seeing now though is exploitation of each of those flaws at once with absolutely no sense of shame or apology. 3/
Read 6 tweets
May 10, 2018
#DestroyTheAadhaar is the primary prayer of the Petitioners. That case has now been made before the final adjudicating body in the country. The fate of the only such project in any democracy that sought to fingerprint its entire population, hangs in the balance.
Many people to thank. Profusely. First, the Petitioners. All distinguished citizens and indefatigable champions of civil liberties. @sgvombatkere @BezwadaWilson @mathew111938 @nikhilmkss @vvcrishna @gnowgi @ramakumarr, Aruna Roy, Shantha Sinha, Dr. Kalyani Menon Sen, ...
M.G.Devasahayam, Thomas Franco, Sam Rajappa, Nachiket Udupa etc. And those that helped enormously with material that formed sworn affidavits before the Court- Prof. Reetika Khera, Prof. Jean Dreze, @anumayhem , @samirkelekar , Dr. Rakesh Goyal, @iam_anandv, Dr. Yogesh Jain ..
Read 11 tweets

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Don't want to be a Premium member but still want to support us?

Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal

Or Donate anonymously using crypto!


0xfe58350B80634f60Fa6Dc149a72b4DFbc17D341E copy


3ATGMxNzCUFzxpMCHL5sWSt4DVtS8UqXpi copy

Thank you for your support!

Follow Us on Twitter!