Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018 the submission of the petitioners that the Constitution balances rights of individuals against State interest. The Aadhaar completely upsets this balance and skews the relationship between the citizen and the State enabling the State to totally dominate the individual. 59) The challenge is directed at the constitutional validity of the following facets of Aadhaar: (i) The Aadhaar programme that operated between January 28, 2009 until the bringing into force of the Aadhaar Act on July 12, 2016. (ii) The Aadhaar Act (and alternatively certain provisions of that Act). (iii) Elements of the Aadhaar project or programme that continues to operate, though not within the cover of the Aadhaar Act. (iv) Specific Regulations framed under the Aadhaar Act, illustratively the Aadhaar (Authentication) Regulations, 2016. (v) A set of subordinate legislation in the form of statutory rules/regulations including the Money Laundering (Amendment) Rules, 2017. (vi) All notifications (nearly 139) issued under Section 7 of the Aadhaar Act (assuming the Act is upheld) insofar as they make Aadhaar mandatory for availing certain benefits/services/subsidies, including PDS, MGNREGA and social security pension. (vii) Actions on the part of the authorities to make Aadhaar mandatory even where not covered by Section 7, inter alia: Actions by CBSE, NEET, JEE and UGC requirements for scholarship. (viii) Specifically, actions on part of the Government mandating linking of mobile phones and Aadhaar vide DoT circular dated March 23, 2017. (ix) Section 139AA of the Income Tax Act, 1961 insofar as it violates Article 21 by mandating linking Aadhaar to PAN and requiring Aadhaar linkage for filing returns. 60) Apart from the declaratory reliefs regarding ultra vires and certiorari to quash the provisions/actions enumerated above, there are certain other reliefs that are also sought, including: (i) Suitable declarations regarding the physical autonomy of a person over her own body qua the Indian State. (ii) Mandatory directions requiring the respondents to give an option to persons who are enrolled with the Aadhaar programme to opt out and to delete the data with suitable certification for compliance. Indian Kanoon - http://indiankanoon.org/doc/127517806/ 42

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