Justice K.S.Puttaswamy(Retd) vs Union Of India on 26 September, 2018 the impugned Act has not followed the constitutional procedure mandated for the passage of a law by disguising the statute as a Money Bill, there is no valid legislative process that has been followed in this case. The legislative process being colourable and since judicial review extends wherever Part III rights are violated, the Aadhaar Act is liable to be struck down. Procedure followed violates Articles 14 and 21 of the Constitution: 66) The procedure adopted by the respondents, both pre-Act and post-Act, is arbitrary and in violation of Articles 14 and 21 of the Constitution because: (a) There is no informed consent at the time of enrolment. Individuals are not told about crucial aspects such as potential misuse of the information, the commercial value of the information, the storage of information in a centralised database, that the information supplied could be used against the individual in criminal proceedings pursuant to a court order, there is no opt- out option, the entire enrolment process is conducted by private entities without any governmental supervision, etc. (b) UIDAI has no direct relationship with the enrolling agency which collects sensitive personal information (biometric and demographic). (c) The data collected and uploaded in to the CIDR is not verified by any Government official designated by the UIDAI. The data collected and stored lacks integrity. (d) The procedure at the stage of enrolment and authentication enables the enrolling agency as well as the requesting entity to capture, store and misuse/use the biometric as well as demographic information without the UIDAI having any control over such misuse/use. Unreliability of Biometrics and Exclusion: 67) The foundation of the project, i.e. biometrics, is an unreliable and untested technology. Moreover, biometric exceptions severely erode reliability. The biometric authentication system works on a probabilistic model. Consequently, entitlements are reduced from certainty to a chance delivery where the biometrics match. Across the country several persons are losing out on their entitlements, for say food rations, because of a biometric mismatch resulting in them being excluded from various welfare schemes. The project is not an identity project but an identification exercise. Unless the biometrics work, a person in flesh and blood, does not exist for the State. Illegal Object: 68) It is submitted before us that the objective of creating a single pervasive identification over time is itself illegal. There are several facets to the illegality and amongst them is the very negation of an individual citizens freedom to identify through different means. The coercive foundation of the impugned Act is in substance an illegal objective that renders the statute ultra vires Article 14 of the Constitution of India. Democracy, Identity and Choice: 69) A citizen or resident in a democratic society has a choice to identify himself/herself through different modes in the course of his/her interactions generally in society as well as his/her Indian Kanoon - http://indiankanoon.org/doc/127517806/ 45