Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
(i) Report of the Task Force on an Aadhaar-Enabled Unified Payment Infrastructure for the direct
transfer of subsidies on Kerosene, LPG and Fertilizer.
(ii) In March 2012, Fingerprint Authentication Report was submitted to UIDAI. This Report
showcased the high accuracy rates of using fingerprints to authenticate identities. The study
conducted in the rural setting representing typical demography of the population established that it
is technically possible to use fingerprint to authenticate a resident in 98.13% of the population. The
accuracy of 96.5% can be achieved using one best finger and 99.3% can be achieved using two
fingers. Further improvement is possible if the device specifications are tightened to include only the
best devices and certain mechanical guide is used to aid proper placement of the finger. It was also
demonstrated through benchmarking that the authentication infrastructure is able to sustain one
million authentications per hour.
(iii) Fifty Third Report of the Standing Committee on Finance on the Demands for Grants (2012-13)
of the Ministry of Planning was presented to the Lok Sabha and Rajya Sabha on April 24, 2012. This
Report summarises the objectives and financial implications of the UID scheme being implemented
under the aegis of the Planning Commission.
(iv) Iris Authentication Accuracy Report was submitted to UIDAI on September 12, 2012. This
Report based on an empirical study of 5833 residents demonstrated iris authentication to be viable
in Indian context. With current level of device readiness for iris capture, it is capable of providing
coverage for 99.67% of population with authentication accuracy of above 99.5%. Suggestions made
in this document for the vendors, once implemented, will improve the rates further. The overall
systems network and software have shown to meet desired requirements in real life condition.
Finally, six different devices with variety of form and function are available to provide competitive
vendor eco-system.
(v) Background Note on Introduction to Cash Transfers was prepared by the National Committee on
Direct Cash Transfers in its first meeting on November 26, 2012. This Report outlines the
advantages of cash transfers in the Indian context stating that a unique ID for all is a prerequisite for
this purpose.
17) At this juncture, Writ Petition (Civil) No. 494 of 2012 was filed in which show-cause notice dated
November 30, 2012 was issued by this Court. As pointed out above, this writ petition assailed
Aadhaar scheme primarily on the ground that it violates right to privacy which is a facet of
fundamental rights enshrined in Article 21 of the Constitution.
18) Counter affidavit thereto was filed by the Union of India as well as UIDAI. The stand taken by
the respondents, inter alia, was that right to privacy is not a fundamental right, which was so held by
the eight Judge Bench judgment in M.P. Sharma and 4 Others v. Satish Chandra Distt. Magistrate,
Delhi and 4 Others 1. This is notwithstanding the fact that thereafter in many judgments rendered
by this Court, right to privacy was accepted as a facet of Article 21. Contention of the respondents,
however, was that those judgments were contrary to the dicta laid down in M.P. Sharma and were,
therefore, per in curium. The matter on this aspect was heard by a three Judge Bench and after
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