Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018
(f) In a digital society an individual has the right to protect himself by controlling the dissemination
of personal information, including biometric information. Compelling an individual to establish his
identity by planting her biometric at multiple points of service violates privacy involving the person.
(g) The seeding of Aadhaar in distinct databases enables the content of information about an
individual that is stored in different silos to be aggregated. This enables the State to build complete
profiles of individuals violating privacy through the convergence of data.
Limited Government:
64) A fundamental feature of the Constitution is the sovereignty of the people with limited
Government authority. The Constitution limits governmental authority in various ways, amongst
them Fundamental Rights, the distribution of powers amongst organs of the State and the ultimate
check by way of judicial review. The Aadhaar project is destructive of the limited Government. The
Constitution is not about the power of the State, but about the limits on the power of the State. Post
Aadhaar, the State will completely dominate the citizen and alter the relationship between citizen
and the State. The features of a totalitarian state is seen from:
(a) A person cannot conduct routine activities such as operating a bank account, holding an
investment in mutual funds, receiving government pension, receiving scholarship, receiving food
rations, operating a mobile phone without the State knowing about these activities.
(b) The State can build a profile of the individual based on the trial of authentication from which the
nature of the citizens activity can be determined.
(c) By disabling Aadhaar the State can cause civil death of the person.
(d) By making Aadhaar compulsory for other activities such as air travel, rail travel, directorship in
companies, services and benefits extended by the State Governments and Municipal Corporations,
etc. there will be virtually no zone of activity left where the citizen is not under the gaze of the State.
This will have a chilling effect on the citizen.
(e) In such a society, there is little or no personal autonomy. The State is pervasive, and dignity of
the individual stands extinguished.
(f) This is an inversion of the accountability in the Right to Information age: instead of the State
being transparent to the citizen, it is the citizen who is rendered transparent to the State. Impugned
Act illegally passed as a Money Bill:
65) The Bill No. 47 of 2016 introduced in the Lok Sabha and which upon passage became the
impugned Act was not a Money Bill in terms of Article 110 of the Constitution of India. Even though
the object and purpose of the impugned legislation states that it is to be used for the delivery of
subsidies, benefits and services, expenditure for which is incurred from the Consolidated Fund of
India, the scope of the impugned Act is far beyond what is envisaged under Article 110. Inasmuch as
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