Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
(b) Metabase relating to transaction, as provided in Regulation 26 of the aforesaid Regulations in
the present form, is held to be impermissible, which needs suitable amendment.
(c) Section 33 of the Aadhaar Act is read down by clarifying that an individual, whose information is
sought to be released, shall be afforded an opportunity of hearing.
(d) Insofar as Section 33(2) of the Act in the present form is concerned, the same is struck down.
(e) That portion of Section 57 of the Aadhaar Act which enables body corporate and individual to
seek authentication is held to be unconstitutional.
(f) We have also impressed upon the respondents, as the discussion hereinafter would reveal, to
bring out a robust data protection regime in the form of an enactment on the basis of Justice B.N.
Srikrishna (Retd.) Committee Report with necessary modifications thereto as may be deemed
appropriate.
220) With the removal of the aforesaid provisions from the statute and the Rules, coupled with the
statement of the Authority on affidavit that there is no record of any transactions carried out by the
individuals which is even known (and, therefore, no question of the same being retained by the
Authority), most of the apprehensions of the petitioners are taken care of. At the same time, we may
remind ourselves of the judgment in G. Sundarrajan v. Union of India & Ors.78. In that case, the
Court noted the safety and security risk in the setting up of the nuclear power plant in the backdrop
of Fukushima disaster and Bhopal Gas tragedy. Yet, keeping in view the importance of generation of
nuclear energy, the Court observed that a balance should be struck between production of nuclear
energy which was of extreme importance for the economic growth, alleviation of poverty, generation
of employment, and the smaller violation to 78 (2013) 6 SCC 620 right to life under Article 21. It
took note of the opinion of experts committee and observed that adequate safety measure have been
taken. It noted huge expenditure of money running into crores and observed apprehension however
legitimate it may be, cannot override the justification of the project. Nobody on this earth can
predict what would happen in future and to a larger extent we have to leave it to the destiny. But
once the justification test is satisfied, the apprehension test is bound to fail. Apprehension is
something we anticipate with anxiety or fear, a fearful anticipation, which may vary from person to
person. The Court also held that nuclear power plant is being established not to negate right to life
but to protect the right to life guaranteed under Article 21 of the Constitution. No doubt, the Court
took a view that this interest of people needed to be respected for their human dignity which was
divinity. However, it was also stressed that generation of nuclear energy was a nuclear necessity and
the project was for larger public benefit and consequently, individual interest or smaller public
interest must yield. In such a situation, necessity for adequate care, caution, and monitoring at every
stage and constant vigil was emphasised. Safety and security was read into Article 21.
Acknowledging that proportionality of risk may not be zero, regard being had to the natures
unpredictability, the Court ruled that all efforts must be made to avoid disaster by observing the
highest degree of constant alertness. In the directions of the Court, it was observed that maintaining
safety is an ongoing process not only at the design level but also during the operation. In the present
case as well, we have come to the conclusion that Aadhaar Act is a beneficial legislation which is
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