Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
this reason the Aadhaar card is known as Unique Identification (UID). Such an identity is
unparalleled.
56) There is, then, another purpose for having such a system of issuing unique identification cards
in the form of Aadhaar card. A glimpse thereof is captured under the heading Introduction above
while mentioning how and under what circumstances the whole project was conceptualised. To put
it tersely, in addition to enabling any resident to obtain such unique identification proof, it is also to
empower marginalised section of the society, particularly those who are illiterate and living in abject
poverty or without any shelter etc. It gives identity to such persons also. Moreover, with the aid of
Aadhaar card, they can claim various privileges and benefits etc. which are actually meant for these
people.
Identity of a person has a significance for every individual in his/her life. In a civilised society every
individual, on taking birth, is given a name. Her place of birth and parentage also becomes
important as she is known in the society and these demographic particulars also become important
attribute of her personality. Throughout their lives, individuals are supposed to provide such
information: be it admission in a school or college or at the time of taking job or engaging in any
profession or business activity, etc. When all this information is available in one place, in the form of
Aadhaar card, it not only becomes unique, it would also qualify as a document of empowerment.
Added with this feature, when an individual knows that no other person can clone her, it assumes
greater significance.
57) Thus, the scheme by itself can be treated as laudable when it comes to enabling an individual to
seek Aadhaar number, more so, when it is voluntary in nature. Howsoever benevolent the scheme
may be, it has to pass the muster of constitutionality. According to the petitioners, the very
architecture of Aadhaar is unconstitutional on various grounds, glimpse whereof can be provided at
this stage:
Gist of the challenge to the Aadhaar Scheme as well as the Act:
58) The petitioners accept that the case at hand is unique, simply because of the reason that the
programme challenged here is itself without precedent. According to them, no democratic society
has adopted a programme that is similar in its command and sweep. The case is about a new
technology that the Government seeks to deploy and a new architecture of governance that it seeks
to build on this technology. The petitioners are discrediting the Governments claim that biometric
technology employed and the Aadhaar Act is greatly beneficial. As per the petitioners, this is an
inroad into the rights and liberties of the citizens which the Constitution of India guarantees. It is
intrusive in nature. At its core, Aadhaar alters the relationship between the citizen and the State. It
diminishes the status of the citizens. Rights freely exercised, liberties freely enjoyed, entitlements
granted by the Constitution and laws are all made conditional, on a compulsory barter. The barter
compels the citizens to give up their biometrics voluntarily, allow their biometrics and demographic
information to be stored by the State and private operators and then used for a process termed
authentication. According to them, by the very scheme of the Act and the way it operates, it has
propensity to cause civil death of an individual by simply switching of Aadhaar of that person. It is
Indian Kanoon - http://indiankanoon.org/doc/127517806/
41