Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
After this premise, however, His Lordship accepts, in order to define what an amendment is
according to the Indian Constitution, the reasoning of Lord Greene in Bidie v. General Accident, Fire
and Life Assurance Corporation 14 and that of Justice Holmes in Towne v. Eisner15, which affirm
that to understand a word it is necessary to understand the context in which it is inserted. To
strengthen this, James v. Commonwealth of Australia16 is also referred to.
We have stated the trend in brief with a purpose. Number of judgments of U.K. Courts, German
Supreme Court, European Commission of Human Rights (ECHR), U.S. Supreme Court etc. were
cited. However, there is no similarity in approach by these 14 Bidie v. General Accident, Fire and
Life Assurance Corporation (1948) 2 All ER 995, 998. 15 Towne v. Eisner, 245 US 418.
16 James v. Commonwealth of Australia, (1936) AC 578. Courts in deciding a particular issue by
applying different principles, particularly when it comes to the issues of data protection and privacy.
In this backdrop, it becomes necessary, while referring to these judgments, to keep in mind the
ethos, cultural background and vast socio-economic problems of this country and on that basis to
accept a particular norm, or for that matter, to formulate a constitutional norm which is relevant in
our context. That is the endeavour which is made by us.
(iv) Many arguments of the petitioners relate to the working of the system. The petitioners had
argued that the architecture of Aadhaar, by its very nature, is probabilistic and, therefore, it may
result in exclusion, in many cases. Therefore, rather than extending subsidies, benefits and services
to the section of society for which these are meant, it may have the tendency to exclude them from
receiving such subsidies, benefits and services. The respondents, on the other hand, have stated on
affidavit that the attempt of the respondents would be to ensure that no individual who is eligible for
such benefits etc. is deprived form receiving those benefits, even when in a particular case, it is
found that on authentication, his fingerprints or iris are not matching and is resulting into failure. It
was clarified that since Aadhaar project is an ongoing project, there may be some glitches in its
working and there is a continuous attempt to make improvements in order to ensure that it becomes
foolproof over a period of time. We have eschewed detailed discussion in respect of those
arguments, which may not have much relevance when judging the constitutional validity of the Act
and the scheme. However, such arguments of exclusion etc. leading to violation of Articles 14 and 21
are dealt with at an appropriate stage. But the argument based on alleged inaccurate claims of
savings by the Authority/Union of India in respect of certain programmes, like saving of USD 11
billion per annum due to the Aadhaar project, as well as savings in the implementation of the
MGNREGA scheme, LPG subsidy, PDS savings need not detain us for long. Such rebuttals raised by
the petitioners may have relevance insofar as working of the Act is concerned. That by itself cannot
be a ground to invalidate the statute.
(v) As mentioned above, notwithstanding the passions and emotions evoked on both sides in equal
measure, this Court has adopted a lambent approach while dealing with the issues raised, having a
posture of calmness coupled with objective examination of the issues on the touchstone of the
constitutional provisions. We are in the age of constitutional democracy, that too substantive and
liberal democracy. Such a democracy is not based solely on the rule of people through their
representatives which is known as formal democracy. It also has other precepts like rule of law,
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